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Customs - Highlights / Catch Notes

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Classification dispute over imported goods - whether categorized ...


Importers misled court about firm status seeking relief for jewelry customs duty classification dispute.

Case Laws     Customs

September 26, 2024

Classification dispute over imported goods - whether categorized as freely importable silver jewelry or restricted under ITC (HS) Code 71069210. Apex court reiterated writ jurisdiction under Articles 32 and 226 is extraordinary, equitable, and discretionary, requiring petitioner to approach court with clean hands, candid disclosure without concealment. Petitioner made false averments about being a registered partnership firm, misleading the court. Held that petitioner abused legal process, not entitled to extraordinary relief. Petition dismissed for lack of candor and suppression of facts.

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