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2020 (2) TMI 969

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..... rotected the petitioner insofar as CRC Charges are concerned but directed the petitioner to pay MOT Charges until the disposal of the petition to the respondents. There is no dispute that the petitioner have paid the MOT Charges in terms of our Order, though, at one stage there was issue of deposit of such charges in this Court instead of actual payment to the respondents - According to us, the in .....

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..... oner. Ms. Asha A. Desai, Senior Standing Counsel, Advocate for the respondents. Oral Judgment: (Per M.S. Sonak, J.) : Heard Mr. S. D. Lotlikar, the learned Senior Counsel along with Mr. A.D. Bhobe and Mr. T. Sequeira, the learned Counsels for the petitioner and Ms. Asha Desai, the learned Senior Standing Counsel for the Customs Department respondents. 2. The challenge in this pe .....

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..... of four months from the date of receipt of the reply to the petitioner's Show Cause Notice. She therefore submits that this Court, may not go into the merits of the disputes sought to be raised by the petitioner at this stage. 4. Ms. Desai, also points out that for the period up to the year 1.10.2016, no fresh demand has been raised. She points out for the period beyond 1.10.2016, the petit .....

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..... , at one stage there was issue of deposit of such charges in this Court instead of actual payment to the respondents. 7. According to us, the interim position can continue until the disposal of the adjudication proceedings by the respondents. This means that the petitioner will only be liable to pay the MOT Charges and that too without prejudice to their contention that these charges are not li .....

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..... ceipt of the response to the Show Cause Notice by the petitioner. The interim arrangement during the pendency of the adjudication proceedings shall be as indicated in paragraph (7) of this order. 9. All contentions of all the parties on merits are kept open to be decided in the adjudication proceedings. 10. The Rule is disposed of in the aforesaid terms. There shall be no order as to costs .....

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