1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2626 OF 1991 Gujarat Godrej Innovative Chemicals Ltd. .. Petitioner V/s Union of India & Ors. .. Respondents Mr. V/ Sreedharan with Mr. Gajendra Jain and Mr. Jeetu Motwani i/b PDS Legal for the petitioner. Mr. P.S. Jetly with Mr. R.B. Pardeshi and Mr. V.B. Tiwari for the respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 16TH SEPTEMBER 2009 P.C. : 1. In view of the fact that the matter in controversy is covered by the decisions of the Supreme Court and this Court, it is not necessary to set out the facts in detail. 2. The petitioner is a company which held an industrial licence for setting up of a plant in village Kanerao, District Bharuch in the State of Gujarat, for manufacture of Alpha Olefins and its derivatives. For the purpose of setting up of the plant, the petitioner was required to import various capital goods, raw materials, components, tools, etc. Such imports were eligible for 2 concessional rate of customs duty under Chapter Sub-Heading 98.01 of the Customs Tariff Act, 1975. It is not disputed that the petitioner was entitled to the concessional rate of duty under the project imports. In the light of these facts, we pass the following order:- (a) In view of the judgment of the Supreme Court in the case of Abrol Watches Pvt. Ltd. v. Collector of Customs, Bombay, 1997 (92) ELT 311 and the judgment of a Division Bench of this Court in Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India, 2002 (150) ELT 1373 and the judgment of the Supreme Court in Collector of Customs, Mumbai v. Mahavir Aluminium Ltd., 1998 (98) ELT 298, the order at Exhibit “N” dated 18th July 1991 thereto, is quashed and set aside and the Customs Authority is directed to extend the benefit of Notification No.160/90 and 1328/85 in respect of the subject matter of import of the capital goods at the time of making final assessment. (b) The respondent no.2 is directed to return the original licences to the petitioners with formal endorsement in terms of para 197 of the import policy 1990-93 within eight weeks. (c) The Customs Authorities are directed to finalise the assessment based on the endorsement of the licences and issue Export Obligation Discharge 3 Certificate on verification of facts. (d) The Prothonotary & Senior Master is directed to return the bank guarantee furnished by the petitioner duly cancelled within four weeks from today. (D.G. KARNIK, J.) (F.I. REBELLO, J.)