ZENITH TIN WORKS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) These appeals are preferred against the orders of the High Court of Bombay disposing of the writ petitions filed by the appellants with certain directions. They arise in the following circumstances:There was a dispute with respect to valuation of the goods manufactured by the appellants. The Collector of Appeals passed orders on 31-8-82 and 9-8-85 upholding the appellants' claim. The department did not accept the decision of the Collector of Appeals and preferred appeals before the Tribunal. It appears that no order of stay was granted by the Tribunal. The appellants filed application for refund of the duty consequent upon the aforesaid orders of the Collector (Appeals). The said applications were rejected by the Assistant Collector on 29-1-88 against which the appellants chose to file writ petitions in the High Court in March, 1988. On 20-4-1988, the High Court directed the authorities to deposit the amount of duty concerned in these matters into that Court and allowed the appellants to withdraw the sum on furnishing bank guarantees. Accordingly, it is stated by Mr. S. Ganesh, learned counsel for the appellants, that the appellants have withdrawn the said amount on furnishing bank guarantees and that the bank guarantees have been kept alive and are subsisting even today.

(3.) On 27-2-90, the Tribunal dismissed the appeals preferred by the department on the question of valuation.