YORK KNITWEAR LTD Vs. ASSTT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) Petitioner-M/s.York Knitwears Pvt. Ltd., by this writ petition, assails the impugned demand raised by the respondents, vide their letter of 20th September, 1991, amounting to Rs. 2,65,047/-. Respondents issued a reminder vide their letter dated 23th October, 1991. The aforesaid amount of duty is claimed in respect of wastage of Angora woollen blended yarn weighing 1110.875 kg and Velour fabrics weighing 4150 kg.

(2.) Notice to show cause in the writ petition was issued on 4th April, 1991. Rule was issued on 2nd December, 1991. By interim order passed, the demand was stayed, subject to furnishing of Bank guarantee in the sum of Rs. 2,65,047/-. The bank guarantee was furnished by petitioner and has been kept alive.

(3.) The facts giving rise to the filing of writ petition may be briefly noted: