9911796707
TMI Blog2016 (11) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... ter having heard Mr. Kantawala, learned Counsel appearing for the Petitioner and Mr. Jetly, learned Counsel appearing for the Respondents and perusing with their assistance the petition, affidavit in reply, the civil application as also the affidavitinreply thereto, we are of the opinion that with an appropriate clarification and by keeping all issues open, the Writ Petition can be dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ala that this imposition is unreasonable and excessive so also arbitrary. The conditions imposed for payment of duties and as quantified by the DRI the Investigating Agency, are ex facie illegal. 4. On the other hand, Mr. Jetly seeks to justify this entire exercise by pointing out that a fraud on the public is perpetrated and is continued in the sense that some persons and dealing in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not establish correlation and some of those produced appear to be fabricated and not genuine. 5. It is in these circumstances that the Directorate of Revenue Intelligence's recommendations may not bind the Authorities but based on the seizure effected and the version of the Investigating Agency, a conditional prima facie provisional assessment can be made and that is reasonable and not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice and passing an order of adjudication in furtherance thereof. The adjudication proceedings can be initiated and concluded on their own merits and in accordance with law, uninfluenced by any provisional release order. We expect that the Revenue would do that expeditiously for it has claimed to have unearthed a huge fraud perpetrated on public. 7. Let the Petitioner comply with these state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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