JASWAL NECO LTD. Vs. COMMISSIONER OF CUSTOMS, VISAKHAPATNAM

JUDGEMENT

(1.) THE Appellant is engaged in the manufacture of pig iron. The Appellant imported Low Ash Metallurgical (LAM) Coke under seven Bills of Entry, against four advance licenses without payment of basic customs duty (BCD) levied Under Section 12 of the Customs Act, 1962, special customs duty (SCD) levied Under Section 68 of the Finance Act, 1996, special additional duty (SAD) levied Under Section 3A of Customs Tariff Act, 1975 and Anti -dumping duty (ADD) levied Under Section 9A of the Customs Tariff Act, 1975 during the period June 1998 to August 1998, which were exempt from duty vide (i) Notifications No. 30/97 Cus dated 1.4.1997, (ii) Sr. No. 4 of Notification No. 12/97 Cus dated 1.3.97, (iii) Sr. No. 3 of the Notification No. 34/98 -Cus dated 13.6.1998, and (iv) Notification No. 41/97 -Cus dated 30.4.97 respectively.

(2.) AT the time of import, the Appellant furnished a bond containing an undertaking to pay duty on imported goods cleared under Notification No. 30/97 and 41/97 in the event of failure to fulfill its export obligation.

(3.) DEMAND of duty of Rs. 7.21 crores was sought to be raised. The break up of demand of Rs. 7.21 crores is as under: