Gkb Opthalmic Ltd. vs V. Acc, Goa and Others

1. Learned counsel waives notice on behalf of the respondents. By consent heard forthwith. The petitioner was directed to pay an amount of Rs. 1,43,901/- towards the customs duty for the Opthalmic Lenses. The order in that respect came to be passed by the Asst. Commissioner of Customs (Appraising) dated 30.11.1995. The petitioner challenged the same by filing appeal. The petitioner also filed an application for stay on the ground that the petitioner is having strong prima facie case as opthalmic lenses cannot be called as consumer goods, and hence not liable. The Commissioner of (Appeals) has not decided the said application. However, the respondents are pressing for payment of the said amount of Rs. 1,43,901/- and a letter was addressed to the petitioner in that respect on 29th September, 1995. This has brought the petitioner in this Court.

The Learned counsel for the petitioner stated that the appeal has in fact been heard on 29.3.1996 and judgment is awaited. In view of this statement, we direct the respondents not to insist upon the payment of the said amount of Rs. 1,43,901/- till the judgement is pronounced by the Appellate Court. The petition is disposed of accordingly. No costs.