Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s. Orient Trade International FZE Versus Union of India & Others

2016 (10) TMI 21 - BOMBAY HIGH COURT

Permission for re-export of goods after lifting of seizure - waiver of detention charges - reexamination of goods - carpets - No Objection Certificate - affidavits filed by DRI - Held that: - The DRI should refrain from expressing any opinion even prima facie about the legality and validity of the acts. The distinct departure in the nature of functions and duties is lost sight of and more because of the overenthusiasm by the DRI. - While the proceedings are going and any other request is rai .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

disposed off - decided in favor of petitioner. - Writ Petition No.7199 of 2016 - Dated:- 11-7-2016 - S.C. DHARMADHIKARI AND DR. SHALINI PHANSALKARJOSHI, JJ. Mr. Sujay Kantawala with Ms. Chandani Tanna i/by India Law Alliance for the Petitioner. Mr. Pradeep S. Jetly and Mr. Swapnil R. Patil for the Respondent. ORDER P.C: 1. The petitioner has approached this Court in its writ jurisdiction under Article 226 of the Constitution of India seeking essentially a relief in terms of prayer clause (c) of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g Nos. EXP/HAM/038/12/2015, EXP/HAM-001/01/2016 and JEANSA1631346, Exhibit A, B & C, as per the terms and conditions imposed as per the pleasure of this Hon'ble Court; ii. to direct the Respondent to issue necessary Certificate for waiver of the Detention Charges; iii. Cease and desist from issuing summons and again calling for reexamination of the already examined goods in gross abuse of the powers under the Act." 3. It is the case of the petitioner that the Proprietor who has file .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

examining the request, the authorities had, firstly, granted permission to warehouse the goods on examination of the same. Once they were so examined, then, the petitioner was expecting the usual No Objection Certificate for the export of the goods. 5. However, neither the Bills of Entry were processed for such NOC nor the No Objection Certificate has been issued. The petitioner is holding the three Bills of Lading, but faces a peculiar situation because of the godown/warehousing charges. The g .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reply has been filed to this writ petition in which, how there is a fraud perpetrated on the Revenue is narrated and with great details. The necessity to issue summons/the recording of statements and equally a systematic plot, according to the Directorate of Revenue Intelligence (DRI), has been unearthed. Now that the steps are being taken, any order passed by this Court would prejudice the same. More so, when the petitioner has not yet cooperated. His examination is necessary to elicit the deta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version