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1996 Supreme(SC) 1700

K.S.PARIPOORNAN, S.P.BHARUCHA
Pratibha Processors – Appellant
Versus
Union Of India – Respondent


JUDGMENT

S.PARIPOORNAN, J.

(1) LEAVE granted in all the special leave petitions

(2) IN this batch of 31 appeals a common question of law arises for consideration. It is regarding the interpretation to be placed on Section 61(2) of the Customs Act (hereinafter referred to as the Act). The High court of Bombay dismissed a batch of 36 writ petitions in the matter by a common judgment dated 19-11-1992. The question that arose for consideration was posed, thus:

"ON importation of goods under OGL if the importers had kept the same in the warehouse under Section 59 of the Act and after expiry of statutory period of three months if they clear the goods under the Advance Licence issued under DEEC Scheme, whether such importers are liable to pay interest on the amount of duty which was assessed and ascertained on the date of warehousing until the goods are cleared under Section 68 of the Act (excluding the free period of three months)

(3) WRIT Petition No. 1854 of 1991 was treated as the main case. The facts in the said case were adverted to in detail. The judgment in the said case was followed in all other cases, including Writ Petitions Nos. 1908 of




































































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