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M/s. A.T. International Versus The Commissioner of Customs, The Deputy Commissioner of Customs (SIIB)

2016 (12) TMI 1369 - MADRAS HIGH COURT

Detention of goods due to dispute in country of origin - provisional release - denied on the ground that an order of provisional release was passed by the respondents on 16.12.2015, but the petitioner did not utilize the opportunity and complied with .....

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position to make any reasonable offer to safeguard the interest of revenue. Therefore, the only option available is to direct the respondents to finally adjudicate the matter. When this suggestion was put to the petitioner, the petitioner has agreed .....

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ndents : Mr.T.Pramod Kumar Chopda, SSC ORDER Heard Mr.B.Satish Sundar, learned counsel for the petitioner and Mr.T.Pramod Kumar Chopda, learned Senior Standing Counsel for the respondents. 2. The petitioner in this Writ Petition seeks for a direction .....

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e of the goods in question, which are measuring tapes, was resisted by the Department on the ground that an order of provisional release was passed by the respondents on 16.12.2015, but the petitioner did not utilize the opportunity and complied with .....

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ch were detained, are steel measuring tapes and according to the petitioner, the goods are of Vietnamese origin and value declared by them and admitted duty are proper. On the other hand, the Department would contend that the goods are of Chinese ori .....

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prayer for provisional release can be considered by them. The gap between admitted duty and penal duty is wide. The petitioner is not in a position to make any reasonable offer to safeguard the interest of revenue. Therefore, the only option availab .....

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nt arrived at during the course of hearing, the following directions are issued: i.The respondents are directed to issue show cause notice to the petitioner on or before 30.11.2016. ii.The petitioner should be granted fifteen days time to submit repl .....

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