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2016 (12) TMI 1106 - MADRAS HIGH COURT

2016 (12) TMI 1106 - MADRAS HIGH COURT - 2017 (346) E.L.T. 545 (Mad.) - Release of detained goods - 86 numbers of Hot Rolled Alloy Steel Coils - Held that: - the goods cannot be detained. The purpose of detention has almost been achieved. The test results are available with the Department. What remains to be examined is, how best we can protect the interests of the Department and chances of its quick recovery of the duty, which might be levied against the importer - thus, ends of justice would b .....

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- 17-11-2016 - Nooty Ramamohana Rao And Anita Sumanth, JJ. For the Appellants : Mr. T. Pramodkumar Chopda For the Respondent : Mr. Sujay Kantawala JUDGMENT ( Judgment of the Court was delivered by Nooty Ramamohana Rao, J. ) This appeal under Clause 15 of the Letters Patent has been preferred by the Department, calling in question the correctness of the order passed on 11.07.2016 in W.P.No.13224 of 2016 by a learned single Judge of this Court. 2. Since the learned single Judge has very crisply br .....

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e Department to draw, in the presence of the writ petitioner, samples from the goods which have been detained, both from the lot of coils containing labels, indicating the grade, and the other lot of coils, which did not contain such labels, and then subject the samples so drawn to a test at the National Test House, Taramani, Chennai, at the expense of the writ petitioner. In the said paragraph, the learned single Judge has observed as under : "On receipt of the report and after furnishing .....

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initiated against him in that show cause notice. 4. The only dispute which the Department has raised is as to the usage of the expressions "finally assess the bill of entry", used by the learned single Judge in the above quoted portion of the order, contained in paragraph 9. Though we do not see any serious infirmity in using those expressions by the learned single Judge, to avoid any future controversy as to whether the usage of such expressions is meant to come in the way of the Dep .....

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d counsel for the respondent-writ petitioner before us. He would urge that the goods have been cleared upon payment of duty, but, however, they are detained and the process this far undertaken has revealed that the classification and the gradation, which have been entered in the self-assessment made by the importer, are found tallying. 6. Sri Pramodkumar Chopda, learned counsel for the appellant-Department would raise a contention that it may not be true and correct to say that the test report i .....

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