DCW LTD. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THE Appellant -company herein had imported a Steam Tube Dryer machinery/plant. Some dispute about the classification of the said machinery arose. The Revenue/Customs Authorities wanted the Appellant to pay higher duty which the Appellant was disputing. Insofar as the Custom Authorities are concerned, they had passed the orders calling upon the Appellant to pay the duty. Without paying this duty, the Appellant approached the High Court of Gujarat by way of writ petition with the prayer that the Appellant be allowed to get the said machinery released on payment of admitted amount of duty. On this writ petition, interim orders dated 4 -5 -1992 were passed permitting the Appellant to deposit a sum of Rs. 70 lakhs as a condition for utilizing the machinery. We may record here that the Appellant had earlier furnished the Bank Guarantee in the sum of Rs. 1,45,27,079/ -. The exact order which was passed on that date reads as under: -

(2.) THE relevant portion of the said order reads as under: -

(3.) THE dispute of classification was ultimately settled by the Tribunal and as per that, a sum of Rs. 41,48,176/ - became refundable to the Appellant being the difference between the duty payable and the duty actually paid.