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2019 (6) TMI 1038

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..... lternate prayer of petitioner is to provisionally determine the valuation of the goods from the details or materials available or gathered in this behalf. The respondents collect duty on the value determined and thereafter release the goods. It appears from the stand taken by the Standing Counsel that the respondents do not have objection for such course. The provisional determination and release of goods is subject to final order in the pending enquiry in the matter and during such pendency of enquiry the presence of Sri. Mohammad Iqubal can be summoned only in accordance with law - petition disposed off. - WP(C). No. 16336 of 2019 - - - Dated:- 17-6-2019 - MR S. V. BHATTI, J. For The Petitioner : ADVS. SRI. P .....

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..... dhu Radhakrishan alternatively submits that the petitioner if is unable to persuade this Court to consider granting any of the prayers referred to above, seeks the indulgence of the Court to grant liberty to petitioner to represent for 2nd respondent to determine the value of the goods imported from the material gathered by the respondents and decide the duty payable and release the goods subject to petitioner complying with all the legal obligations. As regards the further enquiry in this behalf, it is stated Sri. Mohammad Iqubal could also be present even after the provisional determination is completed. 4. Sri. M.S Amal Dharson, the learned counsel appearing for respondents objects to the maintainability of the writ petit .....

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..... etitioner is to provisionally determine the valuation of the goods from the details or materials available or gathered in this behalf. The respondents collect duty on the value determined and thereafter release the goods. It appears from the stand taken by the Standing Counsel that the respondents do not have objection for such course. Hence the writ petition is disposed of by this order. a) the petitioner by enclosing a copy of this order requests 2nd respondent, within three days from to-day to provisionally determine value of subject goods. b) 2nd respondent considers and passes order on the request of petitioner for provisional determination and communicates within ten days from receipt of such representa .....

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