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2017 (12) TMI 1764

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..... f the firm who had imported the goods, the respondent no.1 is to consider and dispose of the same within ten days from date. For the purpose of dealing with the representation the said respondent will call for hearing of the person making the representation as well as DRI. In dealing with the representation the said respondent, if is to exercise discretion to deny provisional release of the goods, .....

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..... ts lying in containers at the Port. The authorities are obstructing de-stuffing of the containers and as such, huge demurrage charges are being incurred. He submits, application was made on behalf of the owner for provisional release of the goods. There cannot be any dispute regarding ownership since the bills of lading are in the name of Aman Exports, a partnership firm which is the owner of the .....

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..... firm was a shell company . Obtaining leave he files supplementary affidavit disclosing copy of representation dated 29th November, 2017 addressed to the Commissioner of Customs(Port) signed by a partner of the appellant/writ petitioner. He also refers to Central Board of Excise and Customs Circular no.35/2017-Customs dated 16th August, 2017 to submit that the authorities have not disclosed any re .....

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..... , as contemplated under Section 110A of the 1962 Act, only permits the owner to apply before the Adjudicatory Authority (AA). Now that representation has been made by a partner of the firm who had imported the goods, the respondent no.1 is to consider and dispose of the same within ten days from date. For the purpose of dealing with the representation the said respondent will call for hearing .....

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