9911796707
TMI Blog2013 (10) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... Initially the petitioner challenged the notification dated 13th May, 2013 issued by the Director General of Foreign Trade (in short "DGFT") by imposing certain conditions relating to the policy of importation of Areca Nuts by providing the CIF value at ₹ 110/- per Kg. and above, but by way of supplementary affidavit the petitioner further challenges the circular dated 23rd September, 2013 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, say that the moment goods are imported in violation of the policy conditions, it partakes a character of prohibited goods under Section 2(33) of the said Act, which is liable to be confiscated under Section 111 of the said Act and the authorities are empowered to impose the penalty upon invocation of the provisions contained under Section 112 of the said Act. 5. The petitioner in turn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The point whether the goods imported without indicating the CIF value at ₹ 110/- per Kg. and above would come within the definition of 'prohibited goods' or not requires to be considered finally in this writ petition. 8. Till the final decision is taken, this Court feels that there is no impediment on the part of the Customs Authority in making a provisional assessment under Section 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 111, 112 and 125 of the said Act.
11. Let affidavit-in-opposition be filed within two weeks after reopening of this Court following Puja Vacation. Reply thereto, if any, be filed within one week thereafter.
12. Let the matter be listed three weeks after reopening of this Court following Puja Vacation in the supplementary list under the heading "Motion". X X X X Extracts X X X X X X X X Extracts X X X X
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