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2016 (7) TMI 1148

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..... asonable for the simple reason that the entire purpose of the Petitioner filing the present petition was to get the alert notice issued by the DRI removed and this petition itself has been pending since 25th April 2016. The demurrage charges have been mounting, and for no fault of the Petitioner, it is unable to proceed with the assessment of the goods by the Customs and the ultimate clearance of the goods. The following directions issued:- (a) The Respondents will proceed hereafter on the basis that the alert issued by the DRI in respect of the two containers in question stands removed; - (b) The Customs will write to the CONCOR, i.e., Respondent No. 4, not later than one week from today, giving its no-objection for the physical inspect .....

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..... gn supplier on 30th November 2015 supplied to the petitioner the correct invoice, the packing list and the bill of lading. A no-objection was issued by the previous consignee. On the basis of the above documents, the Petitioner by letter dated 30th November 2015 requested the Deputy Commissioner of Customs (Import) to amend the bill of lading (B/L). However, it was learnt by the petitioner that against the said B/L, an alert had been issued by the Directorate of Revenue Intelligence ( DRI ) 3. Along with the counter affidavit filed in this writ petition by the Container Corporation of India ( CONCOR ), the copy of the letter dated 13th July 2015 issued by the Customs has been enclosed. The said letter advises CONCOR to put on hold the t .....

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..... ment of the said two containers. 6. A difficulty has arisen as a result of DRI not categorically communicating to the Customs that it has lifted the alert issued in respect of the two containers. Without the lifting of the alert, it is not going to be possible for the Customs to proceed with the assessment. Likewise, even as regards CONCOR, unless the 'hold notices' issued by the DRI in respect of the containers are withdrawn, the physical inspection and thereafter the removal of the goods is not possible. Meanwhile, the ground rent charges in respect of the two containers have been mounting. 7. It is in the above circumstances that the present writ petition was filed. Notice was directed to be issued on 25th April 2016 requ .....

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..... by the DRI in para 5 of the letter, should be taken as the DRI lifting the alert in respect of the said two containers. Without the alert being lifted, it is not going to be possible for the Customs to proceed to assess the consignments. 11. Accordingly, the writ petition is disposed of by issuing following directions: (a) The Respondents will proceed hereafter on the basis that the alert issued by the DRI in respect of the two containers in question stands removed; (b) The Customs will write to the CONCOR, i.e., Respondent No. 4, not later than one week from today, giving its no-objection for the physical inspection of the goods; and (c) The Customs authorities will proceed with the assessment and complete it within a peri .....

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