2011 (4) TMI 1524 - HC - Customs

Summary

Issues involved: Petitioner seeking a writ of mandamus for final assessment orders, challenge to previous orders, time required for finalization of assessment.

Issue 1 - Writ of Mandamus for Final Assessment Orders:
The petitioner approached the court seeking a writ of mandamus directing the 2nd respondent to issue final assessment orders on specific items within 15 days of a previous order. The petitioner claimed entitlement to benefits as per a previous verdict (Ext.P9) by CESTAT.

Issue 2 - Challenge to Previous Orders:
The learned Standing Counsel for the respondents mentioned hurdles in finalizing the assessment and indicated a need for a minimum of 'four months' to conclude the proceedings in accordance with the law. The court acknowledged the need to take proceedings to a logical conclusion and directed the respondents to finalize the assessment orders based on relevant provisions of law and materials, allowing the petitioner to rely on Ext.P9.

Issue 3 - Time Required for Finalization of Assessment:
After hearing both sides, the court directed the respondents to pass the final assessment orders within 'three months' from the date of receipt of the judgment copy. The writ petition was disposed of with this directive for expeditious finalization of the assessment.