ORAL JUDGMENT (PER D.K. DESHMUKH J.) :-

1. By this appeal, the appellant challenges the order dated 20th August 1999 passed by the learned single Judge of this Court in writ petition No.1904 of 1999. The relevant facts that are material for deciding this appeal are that the appellants imported certain consignment of goods under Duty Exemption Entitlement Certificate Scheme and Project Import Scheme. When shipment arrived at Bombay Port, the goods were kept in custom bonded warehouse to avoid demurrage till the completion of formalities for availing concessional / reduced custom duty under the above referred Scheme. When the goods were removed to the custom bonded warehouse, the petitioners lodged bill of entry for warehousing and furnished bonds to custom authorities equivalent to the whole of the estimated / provisional custom duty. At the time of removal of the goods from the custom bonded warehouse, the Bombay Municipal Corporation levied octroi duty on the said goods by adding the amount of estimated provisional custom duty to the CIF value of goods. Thereafter, the goods were removed from the custom bonded warehouse but admittedly at th

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