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M/s Radha Krishna Commodities Trade And Another Versus Superintendent (Prevention) , Customs And Another

2016 (4) TMI 1065 - ALLAHABAD HIGH COURT

Seeking release of goods - Tax already deposited - Samples were not taken in the presence of the petitioners and that it is without jurisdiction - Truck contained some goods of Indian origin and some goods of foreign origin - Held that:- it will be a .....

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utside his jurisdiction and that even the goods of foreign origin can be released subject to payment of fine. If such a representation is filed, we have no reason to doubt that the Superintendent (Prevention), Customs Department, Lucknow Division, Lu .....

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ndra Nath Kakkar, JJ. For the Petitioner : Siddharth Singhal, Ankita Jain For the Respondent : C.S.C.,Bijendra Kumar Singh ORDER This petition seeks the quashing of the summons dated 18 March 2016 issued by the Superintendent (Prevention), Customs De .....

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e of the petitioners bearing number UP 78 CT-6109. It is stated that when the aforesaid vehicle was carrying goods, it was apprehended by the Mobile Squad, Commercial Tax, Kanpur and a show cause notice dated 3 February 2016 was issued by the Assista .....

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er section 48(7) of the U.P. Value Added Tax Act, 2008. This petition was rejected by order dated 23 February 2016. The petitioners, however, preferred an appeal before the Commercial Tax Tribunal which by order dated 27 February 2016 directed for re .....

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lso transpires from the records of the writ petition that the summons dated 18 March 2016 has been issued to the petitioners by the Superintendent (Prevention), Customs Department, Lucknow Division, Lucknow under section 108 of the Customs Act requir .....

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not taken in the presence of the petitioners and that it is without jurisdiction. It is also the submission that the communication dated 30 March 2016 indicates that the truck contained some goods of Indian origin and some goods of foreign origin an .....

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nd the goods of foreign origin can also be released subject to payment of fine under the provisions of section 125 of the Customs Act. Sri B.K. Raghuvanshi has appeared for respondent no.1 while Sri Shashank Shekhar Singh, learned Additional Chief St .....

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