TMI Blog2019 (11) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... 26682 of 2019, CWP No. 26731 of 2019, CWP No. 29289 of 2019, CWP No. 30836 of 2019 And CWP No. 30349 of 2019 - - - Customs - Release of imported goods from Pakistan - rate of duty - Vires of N/N. 5/2019-Customs dated 16.02.2019 - clearance/release of their goods, imported/originating from Pakistan and detained at the customs station Attari Border - payment of duty applicable on the date/time of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litate the release of detained goods lying in the godowns of respondent No.4. It is further directed that in case the detained goods have been auctioned for the lack of any stay order till today, the sale proceeds of the same, in view of the detention memos issued by the Customs Department shall be released to the petitioners. Assessment order set aside - petition allowed. - JUSTICE JASWANT SING ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt orders as well as Notification No.5/2019-Customs dated 16.2.2019 being ultra vires the Constitution of India and Customs Tariff Act, 1975. The petitioners are further seeking a mandamus for clearance/release of their goods, imported/originating from Pakistan and detained at the Customs Station Attari Border, on payment of duty applicable on the date/time of filing of Bill of Entry and further f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the release of detained goods lying in the godowns of respondent No.4. It is further directed that in case the detained goods have been auctioned for the lack of any stay order till today, the sale proceeds of the same, in view of the detention memos issued by the Customs Department shall be released to the petitioners. It is further clarified that in the event of the auction having already been ..... X X X X Extracts X X X X X X X X Extracts X X X X
|