2019 (5) TMI 1589

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....pondents Through: Mr. Harpreet Singh, Senior Standing Counsel for R-1. Ms. Ananya Bhattarcharya and Mr. Shurya Garg, Advocates for R-2. Mr. Bhagwan Swarup Shukla, CGSC   O R D E R 1. The petitioner has filed the present petition, inter alia, praying as under:- "(1) Pass an appropriate Writ, Order or Direction to the respondent no. l Commissioner of Customs-Mumbai restraining hi....

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.... plates) for supply to NTPC were also eligible for being considered as deemed exports. In this regard, on 19.06.2008, NTPC had also issued a Project Authority Certificate (PAC). 4. On the basis of the PAC, PEL imported Special Steel Line Plates for supply to the said project. The said plates were imported against an Advance Authorisation with attendant export obligations. The said obligations w....

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....ated that initially, NTPC decided to utilise the said goods in another project, which did not fructify. It is also stated that there was also a proposal to revive the Lohari Nag Pala Hydro Electric Power Project but that too has also not fructified as yet. 7. Finally, NTPC agreed to pay the duties leviable on the said imports. The said duties were, admittedly, quantified at a sum of Rs.19,91,83....

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....dents cannot continue to withhold the bank guarantee after accepting the said amount of Rs.19,91,83,067/-. 10. Accordingly, respondent no.1 is directed to forthwith return the bank guarantee to NTPC. 11. It is clarified that this said order is without prejudice to the rights of all parties, including PEL. It is also further clarified that nothing stated in the present order should be constru....