2020 (11) TMI 497 - HC - Customs

Permission for withdrawal of petition - Levy of Penalty u/s 112(a) and 114(AA) of the Customs Act 1962 - HELD THAT - These Writ Petitions are dismissed as withdrawn with a clarification that it would not preclude the right of the Petitioner to raise same contentions in W.P. Nos.30376 and 30377 of 2016 before this Court.

Summary

Issues:
1. Challenge to seizure mahazar dated 15.10.2013 in W.P. No. 5111 of 2014.
2. Seeking direction to return the sum collected from the Petitioner in W.P. No. 5112 of 2014.
3. Challenge to show cause notice under Sections 112(a) and 114(AA) of the Customs Act, 1962 in W.P. No. 9534 of 2014.
4. Final decision taken by the Respondent and issuance of Order-in-Original dated 26.09.2016.
5. Withdrawal of Writ Petitions by the Petitioners.

Analysis:
1. In W.P. No. 5111 of 2014, the Petitioner challenged the seizure mahazar dated 15.10.2013. The Petitioner, a partner of M/s. Sahi Foods, sought relief by questioning the legality of the seizure. The Court considered the materials on record and the pleadings of the parties before making a decision.

2. W.P. No. 5112 of 2014 involved a request for the return of a sum of &8377; 98,85,110/- collected from the Petitioner through demand drafts. The Petitioner sought a direction to the Respondent to return the amount. This issue was examined by the Court in conjunction with the other petitions.

3. The challenge in W.P. No. 9534 of 2014 pertained to a show cause notice issued under Sections 112(a) and 114(AA) of the Customs Act, 1962. The Petitioner contested the imposition of penalties as per the notice. The Court reviewed the grounds of challenge and the relevant provisions of the Act before reaching a decision.

4. Subsequent to the filing of the Writ Petitions, the Respondent made a final decision and issued the Order-in-Original dated 26.09.2016 against the Petitioners. This order was challenged in separate Writ Petitions before the Court. The Petitioners sought to withdraw the initial Writ Petitions, reserving their right to raise contentions in the subsequent petitions.

5. Considering the submissions made, the Court dismissed the Writ Petitions as withdrawn, clarifying that the withdrawal would not prevent the Petitioners from raising similar contentions in the subsequent petitions. The connected Miscellaneous Petitions were closed without any costs being imposed.