TaxTMI 
TaxTMI 
TaxTMI 
1998 (1) TMI 79
X X X X Extracts X X X X
X X X X Extracts X X X X
....trusion Press along with accessories from U.K. in three consignments under Bills of Entry filed between April 24, 1988 and May 17, 1988. The said goods were classified under Heading 98.01 of the Customs Tariff. In respect of import under the Project Import (Regulations), 1986 customs duty was payable at the rate of 45% basic plus 45% auxiliary. The assessee paid the duty on that basis. Under the N....
X X X X Extracts X X X X
X X X X Extracts X X X X
....45% auxiliary was eligible for assessment at the rate of 35% basic in terms of the Notification No. 40/78-Cus. (as amended) in which at serial No. 23 of the annexed table Extrusion Press falling under Chapter 84 has been specifically mentioned. By its judgment dated April 24, 1992, the Tribunal decided the said question in favour of the assessee on the basis of its earlier judgment in M/s. Eckopla....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mbay High Court for a direction to the authorities to comply with the order of the Tribunal. The said writ petition was dismissed by the High Court by order dated April 24, 1993 on the ground that an appeal and stay application were pending in this Court. Civil Appeal No. 155 of 1994 has been filed by the assessee against the said order of the High Court. 3. Shri Chaudhary, the learned Counsel ap....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tification dated April 19, 1985 was not available at the time when the Madras High Court was required to deal with the matter. Moreover, the matter now stands covered by the judgment of this Court in Abrol Watches Pvt. Ltd. v. Collector of Customs, Bombay, 1997 (92) E.L.T. 311 (S.C.), wherein this Court has laid down that the exemption granted under the notification dated April 19, 1985 would not ....