TMI Blog2015 (9) TMI 1071X X X X Extracts X X X X X X X X Extracts X X X X ..... re classifiable as polyester fabric they would have to pass re-assessment order under Section 17(5) of Customs Act, 1962 –Therefore respondent-1 directed to pass re-assessment order in terms of Customs Act, 1962 –Petition disposed of – Decided in favour of Petitioner. - W.P. (C) 268 of 2015 - - - Dated:- 17-3-2015 - Rajiv Shakdher, J. Shri Piyush Kumar and Ms. Shikha Sapra, Advocates, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o says that a counter affidavit was filed yesterday, i.e., 16-3-2015 vide Diary No. 122723. 2.2 These counter affidavits have been filed beyond the time prescribed by this Court; therefore, they are not on record. 3. I may only note that the petitioner had made an assertion that the Commissioner of Customs, one, Mr. Atul Dikshit, in letter dated 11-9-2014 addressed to the Additional Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs Act, 1962. 3.3 The learned Counsel for the petitioner confines his writ petition to a direction being issued by the Court in that behalf, so that, the petitioner is able to agitate the matter further in case re-assessment order passed by respondent No. 1, is against its interest. 4. Accordingly, respondent No. 1 is directed to pass a re-assessment order in terms of Section 17(5) of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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