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2018 (6) TMI 84

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..... Entry dated 7.8.2015 and to waive the amount of demurrage/detention charges. 2. The petitioner is engaged in the business of import and trading of Steel Scrap. The petitioner purchased one consignment of Re-Rollable Steel Scrap on High Sea Sales basis from M/s BMR Global Corporation and imported vide invoice dated 7.5.2015. The petitioner made a request to respondents No.2 and 3 for opening of the Bill of Entry which was granted on 7.8.2015 and thereafter the Bills of Entry dated 7.8.2015 were issued for clearance of the goods comprising of Re-Rollable Steel Scrap. At the time of filing of the Bill of Entry, the petitioner had declared and paid the customs duty amounting to ` 7,81,399/-. Respondent No.3 obtained the opinion of Local Charte .....

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..... on was dismissed as withdrawn by this Court vide order dated 5.4.2016 (Annexure P-2) with liberty to the petitioner to challenge the final order by way of an appeal. In pursuance thereto, the petitioner filed an appeal before the Commissioner of Customs (Appeals) who vide order dated 4.1.2017 (Annexure P-3) dismissed the said appeal. Against the orders, Annexures P-1 and P-3, respectively, the petitioner filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (in short, "the Tribunal"). The Tribunal vide order dated 11.7.2017 (Annexure P-4) allowed the appeal and ordered for the release of the goods without any redemption fine and penalty. In response thereto, the petitioner vide letter dated 10.8.2017 (Annexure P-5) r .....

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..... ted to release the goods to the petitioner. The petitioner vide letter dated 26.2.2018 (Annexure P-15) requested respondent No.2 to grant detention memos for delivery of goods. Respondent No.4 vide letter dated 17.4.2018 (Annexure P-16) issued notice to the petitioner for disposal of the cargo. Accordingly, the petitioner sent a letter dated 22.4.2018 (Annexure P-17) to respondent No.2 not to auction the goods as the matter was pending adjudication before the competent authority, but no response has been received till date. Hence, the present writ petition. 3. Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner has sent a letter dated 22.4.2018 (Annexure P-17) to respondent No.2, bu .....

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