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2022 Supreme(Bom) 706

MILIND N.JADHAV, K.R.SHRIRAM
Expotec International Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sriram Sridharan.
For the Respondents: Swapnil Bangur, Siddharth Chandrashekhar.

JUDGMENT :

K.R. SHRIRAM, J.

1. The petition was admitted on 7th June 2007 and certain reliefs were granted. As against demand of Rs.41,60,403/- made by the department, petitioner has paid a sum of Rs.17,33,415/-. There is a balance amount of Rs.24,26,988/- which according to respondents, as stated in the affidavit in reply, payable with interest is still outstanding. There is no rejoinder filed denying this.

2. Petitioner is a public limited company engaged in the import and export of goods and services and is a recognized export house. Status of petitioner, we are informed, as on date is unchanged. Petitioner was awarded a contract by Gas Authority of India Limited (GAIL) for the purpose of laying a pipeline for their project titled “Dahej-Vijapur Gas Pipeline”. For undertaking the above project, petitioner imported various capital goods required for laying of the pipeline and these capital goods were imported through Mumbai/Nhava Sheva Ports during the period July 2003, November 2003 and January 2004. These capital goods were imported by petitioner on lease from one M/s. Matts E

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