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1994 (8) TMI 103

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..... . [Order per : K.S. Venkataramani, Member (T)]. This is a stay application filed by the Collector of Customs, Kandla praying for the stay of the operation of the impugned order of the Collector of Customs, Kandala dated 18-3-1994. 2. Smt. C.G. Lal, ld. S.D.R. appearing for the applicant Collector, submitted that the respondents, herein, were attempting to export plastic newer/straps un .....

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..... associated alongwith the DRI officers of Bombay Zonal Unit in the proceedings against the respondents. These officers were under the control and direction of Additional Director General, DRI, who has jurisdiction over the whole of State of Gujarat. The ld. S.D.R., further, argued that even assuming for the argument sake, seizure was invalid, yet it will not be a bar for proper adjudication of the .....

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..... ee imports and consequently, it will be impossible for the department to recover the post-export benefits already availed of by the respondents in the eventuality of the decision in the appeal going against the respondents. 3. The ld. Consultant, Shri A.S. Sunder Rajan appearing for the respondents, submitted that the Collector s finding on jurisdiction of DRI Zonal office at Bombay was only in .....

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..... However, we find that the High Court is in seisin of the whole issue including the question of endorsing the DEEC Book consequent upon the Collector s order. The Hon ble High Court, it is understood, is in seisin of the issue and has not passed any direction on the request for endorsing DEEC Book for permission to avail of the export benefit and the High Court is also informed of the appeal havin .....

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