TMI Blog2014 (7) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... d above by 11th July, 2014. - exercise as above shall be completed by 11th July, 2014. - Writ Petition No. 5010 of 2014 - - - Dated:- 1-7-2014 - S. C. Dharmadhikari And B. P. Colabawalla,JJ. For the Petitioner : Mr. S. P. Kanuga with Ms. Anita Bhaktwani For the Respondent : Mr. Pradeep S. Jetley ORDER 1] The petitioner has approached this Court in Writ Jurisdiction complaining about inaction on the part of the respondents. The petitioner is an importer and has complained in the Writ Petition that he was constrained to approach this Court in case of an import which is under Open General License. The petitioner claims that M/s. Samsung Electronics Company Ltd. of South Korea is a pioneering industry in the manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt as according to it there are all proper authorizations, permits and licenses. 2] In response to this Writ Petition, an affidavit in reply has been filed and para-2 of the affidavit of Mr. Manoj Kumar, Assistant Commissioner of Customs, Nhava Sheva, Navi Mumbai, District Raigad, reads as under:- 2. At the outset I say that the petition is premature. I say that the goods have yet to be examined. I say that the Bill of Entry has yet to be assessed. I say that no duty has been paid till date and none demanded. I say that this department has yet to receive information sought vide letter F No.S/26Misc111/20145 Pt II Gr. VA/B dated 15-5-2014. I say that vide this letter the petitioners above named were requested to submit valid BIS Certi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsignment is held up for more than 3 months. 5] In the light of the above and without examining the rival contentions, so also the claim on merits, we direct that the petitioner shall appear before the Authorized Officer by Friday i.e. 4th July, 2014. The concerned Authorized Officer shall complete the exercise in terms of para2 of the affidavit reproduced above by 11th July, 2014. Our order should not be construed as a mandate to take any further proceedings including issuance of a show cause notice to the petitioner. We leave the matter completely to the Authorized Officer and he should take such action as is permissible in law. Equally, only in the event, any such action is taken, that we clarify that all contentions as raised in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
