(1) IT is agreed between the counsel that the consignment of alloy steel imported by the petitioners is liable to duty under Tariff Item No. 73. 15 (1) and not under Tariff Item No. 73. 15 (2) as assessed by the Customs authorities. The Customs authorities levied assessment on the basis that the imported consignment was of stainless steel. Paragraph 219 (2) (v) of Chapter 21 of the Import and Export Policy for April 1982 to March 1983, inter alia, states:


"An exception to this is tool/die steel with about 12% chromium and about 2% carbon. This would be covered under the general classification for alloy steel. "

Shri Lokur very fairly stated after perusal of the bills of entries and the documents, the imported consignment will satisfy the requirement of the above quoted passage and, therefore, the imported consignment will have to be assessed under Tariff Item No. 73. 15 (1).


(2) THERE is dispute between the parties as to whether auxiliary duty is to be levied on the consignment imported by the petitioners. The petitioners claim that auxiliary duty is not payable, while the Department asserts otherwise. It is agreed between the parties that the issue would be left open for fresh adjudication before concerned authorities.


(3) BOTH the counsel agree that the relevant date for assessment of duty is the date of clearance from warehouse. In view of the agreement reached between the parties, the Assistant Collector of Customs will pass fresh adjudication order within a period of four weeks from today.


(4) RULE is made absolute accordingly. In the circumstances of the case, there will be no order as to costs. The B

ank guarantee furnished by the petitioners in pursuance of the interim order passed in this petition shall be kept operative for a period of four weeks from the date of order of adjudication.