LAWS(BOM)-2007-2-93

COMMISSIONER OF CUSTOM Vs. STANDARD INDUSTRIES LTD

Decided On February 15, 2007
COMMISSIONER OF CUSTOM Appellant
V/S
STANDARD INDUSTRIES LTD. Respondents

JUDGEMENT

(1.) This application is under Section 130A of the Customs Act, 1962 ("Act" for short) seeking direction against the Tribunal to state the case and raise and refer the question of law framed in para-4 of the said application arising from paras-6 to 13 of the impugned order dated 19th August, 1999 passed by the Customs Excise and Gold (Control) appellate Tribunal, West Regional Bench at Mumbai ("Tribunal" for short).

(2.) At the commencement of the hearing of this application, learned Counsel for the respondent assessee raised two preliminary objections. Firstly; relating to the territorial jurisdiction of this Court to entertain and try the application in question. Secondly, relating to the tenability of this application under Section 130A of the Act. It has, therefore, become necessary to first decide the preliminary objections before proceeding to hear the application on merits.

(3.) The respondent-importer pursuant to the show cause notice issued under Section 28(1) of the Customs Act, 1962 by the Commissioner of Customs No. 1, Trichy-1 dated 20th January, 1998, was called upon to show cause as to why he should not be called up on to pay Rs. 1,85,14,512/-for alleged diversion of duty exempt material; imported under two value based advanced licence schemes framed under Notification Nos.159/90 and 203/92 dated 30th March, 1990 and 19th March, 1992 respectively, to produce the goods which were subsequently cleared in Domestic Tariff Area (DTA) and, later on, the requirements of the notifications were sought to be fulfilled to complete export obligations by manufacturing goods from duty paid imported material that too after having taken input credit on such goods in violation of the notifications referred to hereinabove.