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2012 Supreme(Guj) 353

AKIL KURESHI, HARSHA DEVANI
SAURASHTRA CEMENT LTD. – Appellant
Versus
COMMISSIONER OF CUSTOMS – Respondent


Advocates appeared:
MR MIHIR THAKORE, SR. COUNSEL with MRS KALPANA K RAVAL for Petitioner(s): 1 - 3.
MR RJ OZA for Respondent(s): 1,
None for Respondent(s): 2,

JUDGMENT

1. These writ petitions involve similar questions. Though there are certain factual differences, central legal issues are common. The petitions have been filed by two companies registered under the Companies Act having common Directors and are, therefore, referred to as companies belonging to same group. The petitions call in question legality and validity of two separate orders passed by the Settlement Commission on applications made by the respective companies under the provisions of the Customs Act, 1962.

2. The facts may be noted at the outset.

2.1 In Special Civil Application No.13397/2006, the petitioner No.1 Saurashtra Cement Ltd., is a company registered under the Companies Act. The petitioners No.2 and 3 are the Managing Director and President respectively of the said company. Saurashtra Cement is engaged in the business of manufacturing cement and also produces “Clinker”. Such product the company sells not only in the domestic market but also in the international market through exports. The Government of India with intent to boost the exports has been framing various incentive schemes. One of them was Duty Exemption Entitlement Certificate ('DEEC', for short). Und






































































































































































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