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1984 Supreme(SC) 321

E.S.VENKATARAMIAH, R.B.MISRA
M. S. Company Private LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
E.C.AGARWAL, V.N.DESHPANDE

Judgment

VENKATARAMIAH, J.:- This appeal is filed under S. 130-E(b) of the Customs Act. 1962 against Order No. 297-B/84 dated April 25. 1984 passed by. the Customs. Excise and Gold (Control) Tribunal, New Delhi.

2. The appellant imported two consignments weighing 0.955 m. tonne and 1.071 m. tonnes of stainless steel plates covered by Bill of Entry No. 725/111 dated August 2, 1979 and Bill of Entry No. 520/250 dated July 16, 1979 respectively. Under. S. 12 of the Customs Act, 1062 the appellant was liable to pay customs duty in accordance with Heading No. 73.15 of the First Schedule to the Customs tariff Act, 1975 at the standard rate of 220% ad valorem. But under the notification dated July 15, 1977 an importer was liable to pay import duty of 40% only on the said goods provided the conditions mentioned therein were satisfied. In order to avail of the said concessional rate of duty the importer should import the goods for the manufacture of all or any of the articles specified in that notification and should bind himself by the execution of a bond in such form and for such sum as may be specified by the Assistant Collector of Customs to pay on demand in respect of such quantity of im










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