Judgment

C.K. Thakker, J.—These appeals are directed against a common judgment and order dated December 19, 2000 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as ‘CEGAT’). By the said order, CEGAT disposed of five appeals filed by M/s. Pearl Engineering Polymers Limited (‘Company’ for short) and by its Directors as also by the Commissioner of Customs, New Delhi. CEGAT, by the order impugned in the present appeals, allowed three appeals filed by the Company and its two Directors and dismissed two appeals filed by the Commissioner of Customs. CEGAT set aside the Order in Original passed by the Commissioner of Customs, New Delhi on December 30, 1997.

2. To appreciate the controversy raised in the present appeals, relevant facts as noted in the Order in Original by the Commissioner of Customs may be stated in brief.

According to the Commissioner of Customs - appellant herein, M/s. Pearl Engineering Polymers Limited (‘Company’) was registered under the Companies Act, 1956. Mr. Chand Seth was the Chairman-cum-Managing Director of the Company and Mr. Arun Gupta was whole time Director. The Company was engaged in the manufacture of Polyester Chip