MAHENDRA PETROCHEMICALS LTD Vs. VERSUS UNION OF INDIA

JUDGEMENT

(1.) The admitted facts are that the petitioners have imported Barmag make Texturising Machines (Model FK6-900), implements, standard accessories with 216 spindles valued at US $ 200000 (CIF). At the time of import full duty was not charged on the ground that the petitioners will export the goods of the same value but that has not been done and, therefore, the petitioners were asked to pay the duty for the balance amount to the extent they have not exported the goods.

(2.) The dispute was taken up by the Customs & Central Excise Settlement Commission and the Settlement Commission finally vide order dated 7/23-2-2005 settled the customs duty to the tune of Rs. 33,17,545/-. The petitioners have already paid Rs. 23,71,331/- and they were asked to pay the balance amount of duty within 30 days.

(3.) After the order dated 7/23-2-2005 the petitioners had moved an application before the Settlement Commission that credit of CVD has not been given to them and that the benefit of CVD should also be given to them. The application was rejected.