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1998 Supreme(Cal) 464

RUMA PAL, BASUDEVA PANIGRAHI
COLLECTOR OF CUSTOMS – Appellant
Versus
DYTRON (INDIA) LTD. – Respondent


Advocates Appeared:
ASIM KUMAR BANERJI, I.P.MUKHERJI

RUMA PAL, J.

( 1 ) THE question which arises in this appeal relates to the right of the Customs Authorities to claim payment of duty and other charges in respect of goods imported by a company which has subsequently gone into liquidation.

( 2 ) THE company in question is Dytron (India) Limited (hereinafter referred to as the 'company' ). The application for winding up of the company was filed by East West Construction and Builders Private Limited in 1998 (O. P No. 510 of 1988 ). Subsequent thereto the company went into liquidation and the Official Liquidator took possession of the assets of the company. The company had, prior to its liquidation, imported certain chemicals. The chemicals were stored with the Bengal Bonded warehouse without payment of Duty. The Official Liquidator took inspection of the chemicals pursuant to an order of Court. The chemicals were valued. Valuation Report was submitted. On 7th February, 1995 and 8th February, 1995 the Official Liquidator issued advertisements for sale of the chemicals describing them as the assets of the company. The terms and conditions of the sale provided that the chemicals were being sold on 'as is where is basis'. The offers wer
































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