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TMI Blog2023 (8) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... d show cause notice after more than around fifteen (15) months i.e. on 08.11.2018. The authorities concerned, vide order dated 12.02.2020, passed the final order holding that the petitioner had to make payment of Rs. 73,52,935/- towards customs duty on 25 kgs of duty free gold, which was diverted by the petitioner in terms of Section 28 of the Customs Act. In addition, it was also ordered that the petitioner shall be liable to pay interest in terms of Section 28AA of the Customs Act and the interest stood quantified at Rs. 3,26,547/-. The learned counsel produced before this Court a writ petition of similar nature involving the petitioner himself, being filed by the respondent No. 4 herein i.e. M/s. Metals and Minerals Trading Corporation ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g entertained by the Division Bench of this Court on the ground that the appeal is an appealable order and the petitioner s liberty to assail the same stood reserved. The present writ petition deserves to be and is accordingly dismissed. - HON BLE SRI JUSTICE P.SAM KOSHY AND HON BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY For the Petitioner : Smt. Vedula Chitralekha, Learned Counsel For the Respondent : Smt. Bokara Sapna Reddy, Learned Counsel respondent No. 2 and Sri Manu, Learned Counsel For Respondent No. 4. ORDER (PER HON BLE SRI JUSTICE P.SAM KOSHY) The instant writ petition under Article 226 of the Constitution of India has been filed seeking quashment of the proceedings initiated by the respondent No. 2 The Principal Commissioner of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s refundable to the purchaser of gold bullion from MMTC Limited on the export of gold ornaments on realization of proceeds of export sales from the foreign buyers in the form of Electronic Bank Realization Certificate issued by the Director General of Foreign Trade. 4. It is alleged that the respondent No. 3 had levelled certain charges against the petitioner, alleging failure of exporting of the gold ornaments manufactured from the gold purchased from respondent No. 4. It was the further allegation that the petitioner had manufactured gold jewelleries from the gold bullion purchased from the respondent No. 4 and instead of exporting the same, as was the condition required, have in violation of the same, sold the gold jewelleries in the ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 31.07.2017. At the same time, the petitioner had submitted his explanation to the said show cause notice after more than around fifteen (15) months i.e. on 08.11.2018. The authorities concerned, vide order dated 12.02.2020, passed the final order holding that the petitioner had to make payment of Rs. 73,52,935/- towards customs duty on 25 kgs of duty free gold, which was diverted by the petitioner in terms of Section 28 of the Customs Act. In addition, it was also ordered that the petitioner shall be liable to pay interest in terms of Section 28AA of the Customs Act and the interest stood quantified at Rs. 3,26,547/-. Further, there was also an order of confiscation of the alleged diverted gold of 25 kgs with an penalty of Rs. 5,00,000/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imitation so provided and the rules governing the field. 8. Learned counsel appearing for respondent No. 4 on the other hand, opposing the petition on the ground that the writ petition is not maintainable and moreover there being an alternative statutory remedy available to the petitioner, the writ petition was asked to be dismissed. The learned counsel produced before this Court a writ petition of similar nature involving the petitioner himself, being filed by the respondent No. 4 herein i.e. M/s. Metals and Minerals Trading Corporation (MMTC Limited) vide W.P. No. 11386 of 2023, which the Division Bench of this Court, by its order dated 25.04.2023 being not inclined to entertain and the same was dismissed on the ground that the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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