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2012 DIGILAW 4468 (MAD)

Bangalore Surgicals Represented by its Partner, Bangalore v. Commissioner of Customs (Imports), Chennai

2012-10-30

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had placed before this Court, an order of this Court, dated 01.10.2012, made in W.P.No.21897 of 2012, passed in similar circumstances. 3. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner would keep the Bank Guarantee, already furnished by the petitioner in favour of the first respondent, valid, until final assessment orders are passed, in respect of the B.E.No. 285509, dated 13.08.2009. 4. In view of the above, the second respondent is directed to issue an appropriate notice to the petitioner and to consider the issue relating to the applicability of the Counter vailing Duty, in respect of the goods imported by the petitioner, under Bill of Entry No.285509, dated 13.08.2009, and to pass a final assessment orders thereon, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner. The petitioner shall furnish the Bank Guarantee, already furnished by him in favour of the first respondent, for a sum of Rs.15,50,000/-, valid, until final assessment orders are passed, in respect of B.E.No.285509, dated 13.08.2009.The writ petition is disposed of, accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.