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Lanvin Synthetics Private Limited & anr Versus The Union of India & anr

2015 (9) TMI 291 - BOMBAY HIGH COURT

Non-compliance of conditional advance licence Imposition of Duty Delay in adjudication Petitioner-1 was issued conditional advance licence and compliance was to be made with condition that petitioners would export polythene/viscose blended fabric As there was collusion between 2nd petitioner and third party, incorrect/manipulated/false information regarding quantities/weight/composition of exported goods was provided to show compliance of terms and conditions of licence and demand of dut .....

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armadhikari and G.S. Kulkarni, JJ. For the Petitioner : Mr. Darius Shroff, Sr. Counsel a/w Mr. Rahul Jain i/b M/s Res Legal Advocates For the Respondent : Mr. Pradeep S. Jetley, Advocate ORDER P.C. 1. We have heard Mr. Shroff learned senior counsel on behalf of the Petitioner and Mr. Jetley learned counsel appearing on behalf of the respondents. 2. The grievance in this writ petition is that a notice to show cause dated 13th March 1997 was served on the petitioner alleging that the petitioner no .....

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sh a bond in favour of the Government of India and towards the duty liability. Be that as it may, the show cause cum­demand notice in 1997 demanded ₹ 2,83,59,851/­ and upon adjustment of Rs,.2,07,57,074/­ already deposited. 3. The petitioners claim that from April 1997 to January, 2000 and thereafter from 2007 several letters were addressed requesting the authorities to proceed with the matter or to drop the proceedings and retain the money. 4. There is no adjudication of the s .....

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cancelled and quashed and the respondents be directed to return the sum of ₹ 2,07,57,074/­ stated to be deposited under protest together with interest. 5. We had on the earlier occasion passed an order enabling Mr. Jetley learned counsel appearing on behalf of the respondents to take instructions as to whether any adjudication order was passed in pursuance of the show cause notice. 6. On instructions, Mr. Jetley informs the Court that no order has been passed in pursuance of this show .....

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