ORISSA INDUSTRIES LTD. Vs. COMMISSIONER OF CUS., VISAKHAPATNAM

JUDGEMENT

(1.) FOR the purpose of hearing the appeal, appellant is required to pre -deposit duty of Rs. 7,60,82,979/ - and interest at 24%. The Commissioner was directed to file para -wise comments on the stay application.

(2.) WE have heard both sides in the matter.

(3.) IN the impugned order the Commissioner of Customs has noted that the Company itself is financial sick and has gone under BIFR. Ld. Counsel submitted that from the BIFR report it is seen that the factory is closed. BIFR has given direction to the Commissioner to re -compute the duty and grant them to benefit of exports already done along with other directions. He submits that the appeal could be taken up for disposal by granting a short date and the only relief they are seeking is to give direction to the authorities to implement the BIFR order.