M/s.Phakt Overseas, a partnership firm having v. The Union of India
Case at a glance
Provisions considered
Key paragraphs
- Para 77. Accordingly, we dispose of the writ petition by the following order: (i) The respondent no.4 complete adjudication proceedings Section 4 17 Customs Act, 1962 expeditiously as possible and in no case later than six months from today. (ii) Until adjudication proceedings a period therefrom…
Judgment
Mr.Y.R. Mishra with Mr.P.S.Jetley i/b.Mr.S.Bhattacharya for the respondents 1 to 4. Mr.U.J.Makhija i/b.M/s.Mulla & Mulla for the respondent no.5. CORAM : R. M. LODHA & J. P. DEVADHAR,JJ. DATED : 28th April, 2006 ORAL JUDGMENT (Per R.M.Lodha,J.) We informed Mr.P.B.Vaishnav, Assistant Commissioner Customs, Group VII, New Custom House, Mumbai petitioners revalidated Bank Guarantee No.BG/0/148 25th April, 2006 15th April, 2007 Rs.1,80,543/- issued Saraswat Co-operative Bank Ltd., Fort Branch. The Bank Guarantee 26th April, 2006 sent by the advocate for the petitioners is taken on record and marked "X" for identification purposes.
In thereof, dispense personal presence of Mr.P.B.Vaishnav, Assistant Commissioner of Customs, Group VII.
We heard Mr.S.N.Panda, advocate for the petitioners and Mr.Y.R.Mishra, advocate for the revenue.
The petitioners, petition, principally prayed respondents 2 5 3 directed petitioners imported Bill Entry No.1419/62
3.6.1996 and issue detention certificate for the entire period of detention.
By interim 24th October, 1996, Court directed concerned respndents clearance petitioners’ subject furnishing Bank Guarantee extent 100% differential duty. The were, thus, cleared furnishing Bank Guarantee. The Bank Guarantee, as observed above, has now been revalidated upto 15th April, 2007.
Taking overall circumstances consideration, fitness things Assessing Officer completes adjudication Section 17 Customs Act, 1962 expeditiously petitioner cooperates the Assessing Officer in that regard. The goods have already cleared, as noticed above.
Accordingly, we dispose of the writ petition by the following order: (i) The respondent no.4 complete adjudication proceedings Section 4 17 Customs Act, 1962 expeditiously as possible and in no case later than six months from today. (ii) Until adjudication proceedings a period therefrom, the Bank Guarantee furnished by the petitioners shall be kept alive. No costs. (R.M. LODHA,J.) LODHA,J.) (R.M. (R.M. LODHA,J.) (J.P. DEVADHAR,J.) DEVADHAR,J.) (J.P.
(J.P. DEVADHAR,J.)
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