IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.6292 of 2010 Date of decision: 7.4.2010 M/s Ganesh Agro. -----Petitioner. Vs. Union of India and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local newspapers may be allowed to see the judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present:- Mr. Jagmohan Bansal, Advocate for the petitioner. --- ORDER: 1. This petition seeks quashing of parameters laid down on 12.12.2008 for valuation of Zinc Ash/Skimming by the Commissioner of Customs, Nhava Sheva, respondent No.3. 2. The parameters according to the said letter are as under:- “......The base price for Zinc Ash/Skimming with Nil metallic content be taken as 40% of LME and any addition of 2.5% of LME is to be added as per metallic content for each slab of 5%. Out of 2.5% a discount CWP No.6292 of 2010 of 0.25% may be given as processing charges for recovery of Zinc metal from Zinc Ash/Skimming.” 3. Learned counsel for the petitioner says that as per report prepared by the Assessing Officer, Annexure P-5, price of Zinc Ashing/Skimming without metallic contents cannot be taken to be more than 25% of the LME and the said report has not been taken into account while fixing said parameters. 4. Without expressing any opinion on merits, at this stage, we direct the Chief Commissioner, Custom & Central Excise, Chandigarh to look into this aspect and take a decision on the claim of the petitioner in accordance with law. It is made clear that if any assessments have been made on the basis of parameters laid down in Annexure P-6, the same sbe reviewed in the light of order that may be passed. The fresh order may be passed within one month from the date of receipt of a copy of this order. 5. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE April 07, 2010 ( ALOK SINGH ) ashwani JUDGE 2