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Shaik Abdul Munaf Versus The Principal Commissioner of Customs, The Assistant Commissioner of Customs (Airport)

2016 (12) TMI 1506 - MADRAS HIGH COURT

Implemention of the order passed by the Commissioner of Customs (Appeals-I) - Held that: - the Appeal filed by the Department has been dismissed, by order, dated 30.11.2015. Therefore, this Court cannot adjudicate the correctness of the said order in .....

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o comply with the order passed by the Commissioner of Customs (Appeals-I), dated 14.09.2015 - petition allowed - decided in favor of petitioner. - Writ Petition No. 29171 of 2016 and W.M.P. No. 25225 of 2016 - Dated:- 3-11-2016 - T. S. Sivagnanam, J. .....

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. In this Writ Petition, the petitioner seeks for a direction upon the respondents to implement the order passed by the Commissioner of Customs (Appeals - I), Chennai, in Order-in-Appeal C.Cus-I No.566/2015, dated 14.09.2015. The said Appeal was file .....

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itioner, and gave an option to redeem the same on payment of fine of ₹ 25,25,000/- for re-export in terms of Section 125 of the Customs Act, 1962 (hereinafter, referred to as 'the Act'). The Commissioner of Customs (Appeals-I), by order .....

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plemention of the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015, by making a representation, dated 20.10.2015. 3. In the meantime, the Revenue also filed Appeal before the Commissioner of Customs (Appeals-I) against the ord .....

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by the Commissioner of Customs (Appeals-I), dated 30.11.2015, before the Joint Secretary, Central Government of India under Section 129 DD of the Act. This Review Application was taken on file and numbered as Revision Application No.15 of 2016. Thou .....

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as well. In this regard, reference was made to the counter affidavit filed by the respondents, in para Nos.18 and 20. The averments made in para Nos.18 and 20 of the counter affidavit, are in fact, the grounds, which have been raised by the first res .....

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s Court cannot adjudicate the correctness of the said order in this Writ Petition, when the petitioner seeks for implementation of the order passed in Order-in-Appeal, dated 14.09.2015. Thus, on the peculiar facts and circumstances of the case, this .....

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