2014 (5) TMI 205

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.... Shri D.K. Acharyya, Special Counsel JUDGEMENT Per: D M Misra: 1. These two Applications are filed seeking waiver of pre-deposit of an amount of Rs.15.15 Crores and Rs.21.37 Crore, respectively. 2. Miss Reema Khair, Ld. Advocate for the Applicant submits that during the relevant period 1998-2001, the Applicant had imported HSD and paid appropriate duty on the value arrived at, by takin....

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....l submission that once the excess amount is deposited to the oil pool account, section 28B of Customs Act, 1962 cannot be made applicable; she has referred to the decisions of this Tribunal in the case of Hindusthan Petroleum Corporation Ltd. vs. Commissioner of Cochin - G and Indian Oil Corporation Ltd. vs. Commissioner of Customs, Kandla - 2008 (227) ELT 263 (Tri.-Ahmd.) 3. Per contra Ld. Spe....

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....ation to collection of excess amount on import of 'Naptha' which was not covered under APM; she submits that while distinguishing its earlier judgement dated 22.04.2008 the Tribunal has recorded a categorical finding at para 5 of the said judgement. 5. Heard both sides and perused the record. Prima facie we find that the legal issue involved in the present case is covered by the decisio....