2006 (9) TMI 182

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....t appeals are : 3.Paragraph 197 of the Import and Export Policy for April 1990 - March 1993 [for short "the EXIM Policy"] provided for the import of capital goods on the concessional rates of customs duty at 25% it imported under a licence issued under the said paragraph. Clause (2) thereof provided that the facility to import the goods under clause (1) of paragraph 197 was available to registered manufacturer-exporters, who have been regularly exporting for a period of not less than three years. 4.Pursuant to paragraph 197 of the EXIM Policy, the Central Government issued Notification No. 169/90-Cus. Dated 3rd May, 1990, reducing the duty of customs on capital goods to 25% it the same are imported under a licence issued under the par....

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....foresaid interim order passed by the High Court, the appellant cleared the goods under paragraph 197 on 17th of August, 1991. 8.The assessee was issued the Import licence on 15th of January, 1992, i.e., during the pendency of the afore-mentioned writ petition. 9.The assessee wrote a letter dated 14th March, 1992 followed by the letter dated 24th March, 1992 to the Joint Chief Controller of Imports & Exports, Madras, informing him that the goods had been cleared from the Customs on 17th of August, 1991 after payment of 50% of the differential duty and furnishing the bank guarantee as directed by the High Court. 10. On 24th of September, 1992 on a statement made by the counsel for the assessee, WP No. 8142/91 was dismissed as infruct....