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TMI Blog2011 (3) TMI 1694X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent: Mr.K.Ravianandapadmanabhan O R D E R The learned counsel appearing on behalf of the petitioner had submitted that this Court had been passing a number of orders, in similar facts and circumstances, as in the present writ petition, directing the respondents to release the goods in question, on the petitioner paying 30% of the differential duty and on his furnishing a personal bon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in persons, who are competitors in the business of importing of apples, as that of the petitioner. As such, the baseless allegations made in the counter affidavit filed on behalf of the respondents, in the present writ petition, cannot be accepted. 4. He had also submitted that, as per the provisions of Sections 74 and 78 of the Indian Evidence Act, 1872, the documents produced by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Per contra, the learned counsel appearing for the respondents had submitted that the original contract, based on which the petitioner had imported the goods in question, does not seem to be genuine in nature. There are many discrepancies found in the documents produced by the petitioner before the respondents. The Apostille, certified by the Secretary of State, the State of Washington, United ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50% of the differential duty, in cash, and on his furnishing a personal bond for the balance amount, subject to the adjudication proceedings to be conducted by the respondents. 7. In view of the averments made in the affidavit filed in support of the writ petition and in the counter affidavit filed on behalf respondents and in view of the submissions made by the learned counsels appearing on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if he is found to have evaded payment of the customs duty, as alleged by the respondents, in accordance with the relevant provisions of law. The petitioner shall co-operate, fully, in the proceedings that may be initiated by the respondents, for the assessment of customs duty. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed. - - TaxTMI - TMITax - C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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