TMI Blog1970 (10) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... 6-1-1968 and quash the said notices dated 30-5-1966, 24-6-1966 and 6-1-1968 marked as Ext. P2, Ext. P5 and also the notice of attachment dated 23-2-1968 marked Ext. P7. (2) The issuance of a writ of mandamus or other appropriate writ directing the respondent to forbear from taking any further steps for recovery of the duty imposed by the order dated 30-5-1966 (which was not served on the petitioner) referred to in the communication dated 24-6-1966 and also the demand dated 6-1-1968 marked as Ext. P2 and Ext. P5. (3) And grant such other or further reliefs as this Hon'ble Court may deem fit and proper." 2.The petitioners M/s. New Maritime Agencies Private Ltd. were admittedly appointed agents of Sukhsagar, Bombay, the charters of a ves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms : "2(21). 'foreign-going vessel or aircraft' means any vessel or air-craft for the time being engaged in the carriage of goods or passengers between any port or airport in India and any port or airport outside India, whether touching any intermediate port or airport in India or not and includes - (i) Any naval vessel of a foreign Government taking part in any naval exercises; (ii) Any vessel engaged in fishing or any other operations outside the territorial waters of India; (iii) Any vessel or aircraft proceeding to a place outside India for any purpose whatsoever;" 7.M.V. Seafox left Cochin Port with cargo loaded exclusively for Bombay and for no other port outside India. It is therefore clearly for the time being engaged i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vied or erroneously refunded, the proper officer may, within six months from the relevant date, serve notice on the person chargeable with the duty which has not been levied or which has been so short-levied or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice : Provided that where any duty has not been levied or has been short-levied or has been erroneously refunded by reason of collusion or any wilful misstatement or suppression of facts by the importer or the exporter or the agent or employee of the importer or exporter, the provisions of this sub-section shall have effect as if for the words 'six months' the words 'five years' were substituted." 10.This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he memo referred to is Ext. P1. 12.The letter dated 29th May, 1965 ended with a request that "we shall be much obliged if you will kindly assess the Bills of Entry and let us know the duty amount to enable us for an early remittance." 13.The Bill of Entry seen in the original files contains a date 28-5-1965 and a seal of the Customs 11-5-1966. It was suggested by counsel at the time of the argument that no Bill of Entry had been filed in the case before 11-5-1966. This is not correct. This is against what is stated in Ext. R7 and seems to be against Ext. P2. This is a communication dated 7th August, 1965 from the Collector of Customs to the petitioner asking the petitioner to depute a clerk to value the 16 tonnes of fuel oil. Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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