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2007 Supreme(SC) 1021

S.B.SINHA, MARKANDEY KATJU
O. N. G. C. Ltd. – Appellant
Versus
Commnr. Of Customs, Mumbai – Respondent


Counsel for the Parties :
For the Appellant :S. Ganesh, Sr. Adv., Shiv Prakash Pandey, Ms. Rekha Pandey and Raj Kumar Tanwar, Advocates.
For the Respondent:Rajiv Dutta, Sr. Adv., M.F. Humayunisa, Subha Rao and B. Krishna Prasad, Advocates.

Judgment

S.B. SINHA, J.—

1.Appellant is a public sector undertaking wholly owned and controlled by the Central Government. It obtained the services of M/s. SEDCO Forex Int. Drilling Inc. for obtaining requisite information which would assist it in the matter of exploration of oil and gas. The information so gathered was recorded in 3-D Seismic Tapes. On the amount paid therefor, custom duty was sought to be levied. An exemption was claimed by the appellant from payment of custom duty in terms of an exemption notification issued by the Central Government in that behalf. As despite such claim, assessment proceedings were initiated and completed, the matter came upto this Court and by a judgment and order dated 24.08.2006, contention of the appellant was accepted by this Court and the orders of assessment were set aside.

2.During pendancy of the Civil Appeals before this Court, a sum of Rs. 54,72,87,536.00 was realised by way of custom duties and interest thereon, etc. as per the following details :

“(i)14.09.2004

Rs. 25,00,00,000.00 adjusted towards duty

(ii)30.03.2004

Rs. 17,72,87,536.00 appropriated towards interest

(iii)24.02.2005

Rs. 12,00,00,000.00 adjusted towards interest

Total Rs. 54,






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