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2011 (9) TMI 1152 - HC - Customs

Issues:
Review of judgment dismissing writ petition challenging orders of Commissioner of Customs and Central Excise and Customs, Excise & Gold (Control) Appellate Tribunal (CEGAT).

Analysis:
The petitioner sought a review of the judgment dismissing their writ petition challenging the orders of the Commissioner of Customs and Central Excise and the CEGAT. The petitioner contended that the Court wrongly mentioned in its judgment that the challenge was only regarding the imposition of penalty, not the confiscation of silver. The petitioner argued that the Tribunal erred in not considering the challenge to the confiscation. The petitioner also raised concerns about not availing remedies against certain orders and the right to approach the Settlement Commissioner under Section 127B. However, upon review, the Court found that all arguments raised by the petitioner were thoroughly considered in the original judgment. The Court noted that the petitioner opted to challenge only the imposition of penalty before the Tribunal, as evident from the Tribunal's judgment reducing the penalty amount. The Court also highlighted that certain orders had become final as the petitioner did not challenge them further. Therefore, the Court concluded that there was no basis to grant liberty to the petitioner for additional challenges under different provisions.

Regarding the argument that the observations in the Court's order might affect the petitioner's ability to file future petitions or approaches, the Court clarified that all arguments were duly considered, even if not accepted. The Court emphasized that the reasons for its conclusions were provided, and any impact on future proceedings could not be considered as an error justifying a review under the relevant procedural rules. Ultimately, the Court found no merit in the review petition and dismissed it accordingly.

 

 

 

 

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