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2016 (10) TMI 21 - BOMBAY HIGH COURT

2016 (10) TMI 21 - BOMBAY HIGH COURT - 2016 (339) E.L.T. 570 (Bom.) - 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 D .....

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ny of the contents and statements in the affidavit in reply - petition 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 .....

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ort of the goods, after lifting the seizure covered by 3 Bill of Lading 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." .....

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ibit to the petition. It is the case of the petitioner that instead of 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 .....

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representation be taken as expeditiously as possible. 6. Affidavit in 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 h .....

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