TMI Blog2019 (11) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... se of their goods, imported/originating from Pakistan and detained at the customs station Attari Border - payment of duty applicable on the date/time of filing of Bill of Entry - stay of auction proceedings - HELD THAT:- Issue decided in the case of M/S RASRASNA FOOD PVT. LTD. VERSUS THE UNION OF INDIA AND ORS. [ 2019 (8) TMI 1400 - PUNJAB AND HARYANA HIGH COURT ] where it was held that Without go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etention memos issued by the Customs Department shall be released to the petitioners. Assessment order set aside - petition allowed. - CWP No. 20382 of 2019, CWP No. 26661 of 2019, CWP No. 26682 of 2019, CWP No. 26731 of 2019, CWP No. 29289 of 2019, CWP No. 30836 of 2019 And CWP No. 30349 of 2019 - - - Dated:- 6-11-2019 - JUSTICE JASWANT SINGH AND JUSTICE GIRISH AGNIHOTRI, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... together since the question involved is identical. The prayer made in all the petitions is for quashing the assessment orders as well as Notification No.5/2019-Customs dated 16.2.2019 being ultra vires the Constitution of India and Customs Tariff Act, 1975. The petitioners are further seeking a mandamus for clearance/release of their goods, imported/originating from Pakistan and detained at the Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Petition No.11887 of 2019. The assessment orders, if any, are set aside. It is directed that the Customs Department shall immediately issue the detention memos to facilitate the release of detained goods lying in the godowns of respondent No.4. It is further directed that in case the detained goods have been auctioned for the lack of any stay order till today, the sale procee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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