2008 (11) TMI 184

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....dgment per : J.B. Koshy, J.].- A company named M/s. Toshiba Anand Batteries Ltd. was ordered to be wound up by the Company Court by order dated 5-11-1996 in Company Petition No.1 of 1996 after reference made by the Board for Industrial and Financial Reconstruction (BIF), under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1987. While the company was functioning, it imported....

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....of Rs.18.75,000/- to himself as part of the assets of the company. The Assistant Collector of Customs preferred a claim of Rs.1,08,03,735/- for customs duty and allied charges due from the company on various consignments of goods imported by the company including the 43 MT zinc callots above referred to. The Official Liquidator admitted the Assistant Commissioner's claim to the extent of Rs. 77,73....

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....he amount admitted by the Official Liquidator which represents the duty on the above goods. We are of the opinion that after appropriating the value of the goods, the customs authorities cannot claim any customs duty. In this connection, we refer to Section 23(2) of the Customs Act and decision of the Bombay High Court in Mafatlal Fine Spinning & Manufacturing Co. Ltd. v. Union of India and others....