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Atul Chamanlal Mehta Versus Union of India

2016 (10) TMI 642 - BOMBAY HIGH COURT

Clearance of Chemical-Ethanol without any condition including insisting on any state excise license - issuance of writ of mandamus - goods brought in this country so as to meet a contractual obligation - Held that: - in matters of import of consignments/goods attracting the customs duty and liability to pay the same, the release of such goods for home consumption are all matters within the preview of the customs and once they take the precautionary measures and satisfy themselves about the compl .....

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dhikari and G.S. Patel, JJ. Shri Prakash Shah, with J.C. Patel and Jas Sanghavi, i/b PDS Legal, for the Petitioner. Shri Pradeep S. Jetly, for the Respondent. Shri A.I.I. Patel, AGP, for the Intervenor. ORDER PC : These Petitions under Article 226 of the Constitution of India pray for the following relief : Prayer clause (a) in Writ Petition No. 1408 of 2015 reads thus : (a) this Hon ble Court be pleased to issue writ of mandamus or any other appropriate writ, order or direction ordering an .....

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recting the Respondents, their subordinate servants and agents to forthwith permit the Petitioner to clear 27,500 liters of the said Laboratory Chemical Ethanol AR covered under the Bill of Entry No. 3036167, dated 26-10-2015 without any condition including insisting on any state excise license. 2. The petitioners claim that the product/goods have been brought in this country so as to meet a contractual obligation. That is evidenced by the Bill of Entries filed with the Customs. 3. Eve .....

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g on any license/No Objection Certificate from the State Excise. The consignments prior to the one involved herein were cleared on the basis of a bank guarantee and bond. That was executed and later on requirement of bank guarantee was waived. In respect of assessed Bills of Entries when goods have been released, importers have been directed to produce evidence of sale of goods to reputed laboratories for use in research and development and proof of any State Excise duty/Cess which may be payabl .....

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mption of spurious liquor. Several substances are mixed and that is dangerous and unsafe for human consumption. It is with this end in mind that the Customs have been requested not to release the goods unless the State Excise license or No Objection Certificate is produced. 6. This position is contested by the Petitioners but we do not wish to enter into this controversy. Mr. Prakash Shah appearing for the Petitioners states that the Petitioners are desirous of obtaining early and expeditio .....

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