9911796707
TMI Blog2018 (5) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel appearing for the petitioners would submit that, the issue involved in this Writ Petition is covered by the decision of this Court, in M/s.Kanpur Trading Co., Vs. The Deputy Commissioner of Customs, Chennai-1, in W.P.No.3078 of 2018, dated 16.04.2018. The learned counsel also produced a photocopy of the order, dated 16.04.2018, for reference, and prays that similar direction may be issued in the present case as well. 3. Mr. N.Senthil Kumar, the learned Standing Counsel for the respondent does not dispute the position and agrees that the issue involved in this Writ Petition is covered by the decision rendered in the above referred case. 4. On a perusal of the decision relied upon by the learned counsel for the petitioner, it is seen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudication, they should be able to recover the duties and other levies and the order passed by the Adjudicating Authority cannot be reduced to a paper order. 12. Bearing in mind the object of the said provision, if this Court examines the impugned order, it is found that the direction to furnish bank guarantee for a sum of Rs. 1.70 Crores apart from executing a personal bond for a sum of Rs. 2.29 Crores and payment of differential duty of Rs. 64,30,210/- appear to be onerous. Therefore, this Court is of the view that interest of the Revenue can be protected sufficiently by slightly modifying the conditions imposed in the impugned order. 13. So far as the decision in the case of M/s.Novel Impex is concerned, it appears that this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since the DRI has taken up the case for investigation, it goes without saying that the petitioner is entitled to a certificate for waiver of demurrage and the detention charges from the date of detention till the date of release. On an application being made, the respondent shall consider and grant the certificate in the proper format. " 5. Thus, following the above decision, the present Writ Petition is disposed of on the same lines, i.e., by directing the petitioner to comply with the following conditions:- (i) The petitioner is directed to pay the applicable differential duty to the tune of Rs. 75,27,756/- (Rupees Seventy Five lakhs Twenty Seven thousand Seven Hundred and Fifty Six only) on the redetermined value as per the report of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
