Sennheiser Electronics India Pvt Ltd v. Union Of India & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 27.

+ W.P.(C) 863/2014 SENNHEISER ELECTRONICS INDIA PVT LTD ..... Petitioner Through: Mr V. Lakshmikumaran, Mr M. P. Devnath, Mr Abhishek Anand, Mr Yogendra Aldak and Mr Abhinav, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr Satish Kumar, Senior Standing counsel for the Respondent Customs.

Mr Akshay Makhija, CGSC with Ms Sanjugeeta Moktan, Advocate for Respondent/UOI.

Mr S. K. Dubey, Mr Udit Malik and Mr Aman Singh, Advocates for DRI.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 16.05.2016 CM No.18651/2016

1. Allowed, subject to all just exceptions.

CM No.18650/2016

2. The Court does not feel that any further clarification is required of the judgment dated 3rd May 2016.

3. The application is dismissed.

CM No.____________/2016 (to be numbered)

4. The application is taken on Board. It is pointed out that the dates in paras 107 and 108 of the judgement dated 3rd May 2016 require correction. The

corrected paras 107 of the judgment dated 3rd May 2016 shall read as under: "107. The SCN under challenge in Writ Petition (C) No.863/2014 by Sennheiser Electronics India Pvt. ltd. is dated 24th December, 2013 and was issued by the ADG, DRI in relation to alleged short levy of customs duty for the period 28th January, 2009 to 24th June, 2013.

108. For the reasons already mentioned, the impugned SCN and all the proceedings consequent thereto for the period from 28th January 2009 up to 8th April 2011 cannot be sustained in law and are hereby quashed. The adjudication proceedings as regards further period beyond 8th April 2011will proceed in accordance with law."

5. The application is disposed of. The corrected order be uploaded on the website.

S.MURALIDHAR, J VIBHU BAKHRU, J MAY 16, 2016 MK