1988 (3) TMI 71

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....nufacture of fibre glass and for that purpose they import glass yarn of Asahi fibre from Japan. They imported certain quantity of this product between 9th May, 1978 and 17th January, 1981. The petitioners were forced by the Customs authorities to pay countervailing duty on the said product to the extent of Rs. 1,76,421.62, details of which are given in Exhibit 'C' annexed to this petition. The pet....

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....es, the Central Government exempts yarn spun wholly out of glass fibre from the whole of excise duty leviable thereon. In fact the petitioners were cautious enough to make an enquiry with the office of the Assistant Collector of Customs. The Enquiry Officer of the said office, by his letter dated 3rd October, 1977, informed the petitioners that there was no countervailing duty payable on the impor....

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....e - the same product which has been imported by the petitioners during the period mentioned above. The Government held in its order disposing of the said revision application that the impugned glass yarn being wholly made of glass filaments was covered by the exemption under the notification in question. In view of this position the Government allowed the revision application with a direction that....

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....f attending to these matters may be having its own difficulties, but at some stage that office must set its affairs in order and enable Courts to go on with the hearing of the petitions. I must make it clear at this stage that in these petitions which are almost ancient, no adjournments will ever be granted on the mere ground that affidavits in reply have not been filed. If no reply could be filed....