TATA TEA LIMITED Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) AT the stage of admission, the respondents have been served. Therefore, the learned Counsel for the respondents is also present. As the appeal involves a very short question, in the light of the submission made by learned Counsel for the appellant, it is admitted and heard for final disposal.

(2.) IT may be pointed out here that in the Writ Petition, the petitioner/appellant sought for quashing the endorsement dated 14-8-1993 on the letter of same date of the petitioner and to allow the petitioner to clear the goods sought to be reimported, covered under the Bill of Entry No. 24212/12-7-1993, free from duty under Notification No. 13/81 dated 9-2-1981 read with the orders dated June 1992 and 6-8-1993.

(3.) IT is submitted by learned Counsel for the appellant that it would be sufficient if it is observed by this Court that the finding recorded and the opinion expressed by the learned Single Judge shall not be relied upon by the Collector of Customs, while deciding the appeal preferred by the petitioner/appellant. Learned Counsel for the respondents also submits that the respondents cannot have any objection for disposing of the appeal without reference to the aforesaid observations made by the learned Single Judge. Accordingly, this appeal is disposed of in the following terms.The Appellate Authority viz. the Collector of Customs, Appeals, shall decide the appeal on merits and in accordance with law, without referring to any of the findings recorded or the observations made by the learned Single Judge in the order dated 8-10-1993 passed in W.P. No. 16991 of 1993. There shall be no order as to costs.