2000 (3) TMI 60

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....urpose of exhibition upon furnishing bank guarantee and therefore in accordance with the provisions as laid down in Section 74 of the Customs Act they will be exempted 98% of such duty as provided therein. The Authority concerned cannot proceed on the basis of any marginal note in view of the Single Bench decision of this Court in 1992 (59) CLT 522 (Cal.) (Texmaco Limited v. Union of India). Howev....

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....owever, it appears to this Court that controversy is only in respect of hearing of the stay application or hearing both the stay application and the appeal. Therefore, this Court disposes of the writ petition without giving any opportunity for filing affidavits herein by treating the same as Motion Adjourned and directing the Authority concerned to dispose of the appeal and the stay application bo....