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Customs - Highlights / Catch Notes

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The HC stayed the operation of impugned proceedings challenging ...


Customs Act Section 65 Permissions Stayed: Court Allows Power Generation Equipment Installation While Requiring 15% Payment Retention

March 19, 2025

Case Laws     Customs     HC

The HC stayed the operation of impugned proceedings challenging permissions granted under Section 65 of the Customs Act, finding prima facie merit in the petitioner's case regarding the applicability of Section 65 and prohibitions under MOOWR Regulations. The interim relief allows the petitioner to install and operate equipment for power generation and supply for home consumption, pending resolution of related matters before the Supreme Court in SLP(C) No. 20274-20281 of 2024. The Court directed that 15% of payments received under the PPAs dated 02.02.2022 and 07.07.2022 be deducted and retained in a fixed deposit by State Bank of India, Jubilee Hills Branch, Hyderabad until further orders, thus balancing the petitioner's rights with the Department's interests.

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