DIPAK KUMAR SEN, J.

( 1 ) M/s. Continental Marketing Pvt. Ltd. , the appellant No. 1, carries on business of import and export and in course of its business imported into India under valid licences 2973. 6 Kgs. (59 rolls) of Polyester plastic unsupported, of the specification 12 micron x 1020 mm x 3000 meters and 10. 920 Kgs. (104 rolls) of the said material of specification 25 micron x 1020 mm x 3000 meters by the vessel "cristobal Maru" which arrived at Calcutta on or about the 23rd September, 1982.

( 2 ) THE Appellant No. 1 thereafter filed a bill of entry for warehousing the said goods which were landed at the Port of Calcutta. The said goods however were not warehoused and have been lying at the Port till date. Sometime in January 1983, the Appellant No. 1 applied for release of the goods for home consumption and submitted necessary documents for calculation and levy of customs duty.

( 3 ) THE Customs Authorities assessed that basic customs duty of 100% plus auxiliary duty as also an additional duty under Section 3 of the Customs Tariff Act, 1975 read with Chapter 15a of the Central Excise, were leviable on the said goods.

( 4 ) THE Appellant No. 1 contended that under Not

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