JUDGMENT

S. B. MAJMUDAR, J.:-

The Principal Appraiser (Exports), Collectorate of Customs and Central Excise, Customs House, Cochin-3, the Appellate Collector of Customs, Customs and Central Excise House, Madras and the Union of India represented by the Joint Secretary, Ministry of Finance, Department of Revenue and Insurance, New Delhi have preferred this appeal by special leave against the judgment and order of a Division Bench of the Kerala High Court allowing writ petition of the respondent on 24th November 1972. A fewrelevant facts to highlight the grievance of the appellants are required to be mentioned at the outset.

2. Respondent at the relvant time carried on the business of export of coir yarn and ropes at Calicut in the State of Kerala. In July 1966 the respondent presented before the customs authorities at the port of Cochin, shipping bills for three lots of coir yam booked to be shipped on board the S. S. Neils Maersk. The said shipping bills were for getting entry outwards for the said ship destined for the port of Basrah. The duty payable on the export of the said goods at the then prevailing rate was assessed by the customs authorities. The same was paid by the responde