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M/s. Sree Sai Inc. Versus The Commissioner of Customs, The Deputy Commissioner of Customs, [SIIB] , The Deputy Commissioner of Customs [Group-6]

2016 (7) TMI 717 - MADRAS HIGH COURT

Provisional release of the imported goods - Proof of ownership - Held that:- the respondents are directed to release the consignment as substantial amount of money has already been collected from the petitioner and retained with the Department. The g .....

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oods covered in the Bill of Entry shall be cleared within a period of fifteen days from the date of receipt of a copy of this order. - W.P.No.27687/2015 & MP.No.1/2015 - Dated:- 5-7-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. S. Krishnanand .....

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writ petition itself is taken up for final disposal. 2. The order impugned in this writ petition is dated 30.07.2015 passed by the 1st respondent, which in fact, is an order passed u/s.110-A of the Custom Act. However, the petitioner has not challen .....

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. 3. During the pendency of the writ petition, there has been certain developments and the petitioner has been issued with a show cause notice dated 29.01.2016 and Addendum dated 10.02.2016. From the said show cause notice, it is seen that the petiti .....

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ices have been issued to M/s.Sree Sai Inc., in its individual capacity as well as to Mr.S.Dhanasekaran, as the Proprietor of the said Firm and two other Organizations. 4. Be that as it may, we are only concerned about the Bill of Entry bearing No.719 .....

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nd differential duty has been arrived at. It may not be necessary to refer to the quantum of duty, which has been arrived and proposed in the show cause notice as the case of the Department is of the view that the brain behind the entire operation is .....

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leted the investigation and issued show cause notice, it has to be seen as to whether still the consignment has to be detained. Under normal circumstances, this Court would impose conditions for granting provisional release to safeguard the interest .....

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,27,795/- from the petitioner Dhanasekaran and another amount of ₹ 3,96,000/-, by way of Demand Draft towards interest for differential duty by M/s.Sree Sai Inc. In such circumstances, the respondents are directed to release the consignment as .....

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