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Dugar Overseas Pvt. Ltd. Versus Union of India & Others

2016 (9) TMI 877 - DELHI HIGH COURT

Constitutional validity of Sections 27A and 28AA of the Customs Act 1962 - notifications no. 75/2003~Cus(NT) dated 12.09.2003, 18/2011-Cus(NT) dated 01.03.2011 (w. e. f. 01.04.2011) and 33/2016-Cus(NT) dated 01.03.2016 (w. e. f. 01.04.2016) - whether .....

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t at present at 15% per annum on late payment of duty? - maintainability - SCN dated 16th April 2014 - Held that: - there is no stay of the adjudication of the SCN dated 16th April 2014, which will proceed in accordance with law. - The final orde .....

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r And Najmi Waziri JJ. Dr. Prabhat Kumar, Advocate with Mr. Pradeep Jain, Ms. A. Suresh, Mr. Rahul Raheja, Advocates for the Petitioners. Mr. Atul Batra with Mr. Kundan Kumar Mishra, Mr. Sameer Jain, Mr. Satish Aggarwala, Advocates for the Respondent .....

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16-Cus(NT) dated 01.03.2016 (w. e. f. 01.04.2016). The central issue is whether the Respondent is justified in adopting a discriminatory approach in the matter of interest, which is compensatory in character by awarding an Assessee in effect interest .....

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e Respondent Directorate of Revenue Intelligence (DRI) to issue a demand for duty and interest prior to 8th April 2011. 3. Learned counsel for the Respondent No.2/Customs Department however raises a preliminary objection regarding maintainability of .....

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Kuamr, learned counsel for the Petitioner, that as is evident in para 16 of the impugned SCN, one of the adjudicating authorities mentioned in the SCN was the Commissioner of Customs, ICD, Tughlakabad, New Delhi. It is only subsequently that the adj .....

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