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Terumo Penpol Ltd Versus Commissioner of Customs (Appeals) , Deputy Commissioner of Customs

2015 (6) TMI 500 - MADRAS HIGH COURT

Demand of EDD - at the instance of the Department, the Appellate Commissioner, while accepting the case of the Department, remanded the matter. - while remanding, he has directed the petitioner to pay EDD equivalent to 5% of the Assessable value - He .....

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till the issue of the fresh order, in my considered opinion, is not maintainable for the reason that when the matter is remanded back to the file of the Original authority, all the issues are to be adjudicated afresh, without being influenced by any .....

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Therefore, this Court, deleting only that portion of the order directing the petitioner to pay EDD equivalent to 5% of the Assessable value, directs the adjudicating authority to determine the issue after giving reasonable opportunity to the petitio .....

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g to the petitioner, when the Commissioner of Customs (Appeal) agreed with the case of the petitioner and set aside the order in original, cannot direct the petitioner to pay EDD equivalent to 5% of the assessable value till the issue of the fresh or .....

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, remanded the matter. That being the case, while remanding, he has no authority to direct the petitioner to pay EDD equivalent to 5% of the Assessable value since the entire issue has to be revisited by the original authority afresh for a reason tha .....

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ve prayer, the learned counsel for the respondents reiterated the averments made in the counter affidavit and urged this Court to dismiss the Writ Petition on the ground that the petitioner is having effective alternative statutory remedy under Secti .....

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he pleaded. 4. This Court although finds some merit in the argument advanced by the learned counsel for the respondents that there is an effective alternative remedy available, as provided under Section 129(A) of the Customs Act, the ultimate conclus .....

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