High Court of DelhiW.P.(C)/692/2017

Jai Bhagwan (Huf)Through Its Karta Jai Bhagwan Mittal v. The Union Of India & ORS.

2017-01-30Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Mr. Justice Najmi Waziri2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM APPL.7640/2017 IN W.P. (C) 692/2017 (disposed off case) JAI BHAGWAN (HUF) THROUGH: ITS KARTA JAI BHAGWAN MITTAL ..... Petitioner Through: Ms. Anjali Manish, Advocate.

versus THE UNION OF INDIA & ORS.

..... Respondents Through: Mr. Sanjeev Narula, Sr. Standing Counsel for CBEC with Mr. Abhishek Ghai and Mr. Anshuman Upadhyay, Advocates.

Mr. Satish Aggarwala, Advocate for DRI.

Mr. Debajyoti Behuria, Govt. Pleader.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.02.2017 CM APPL.7640/2017 Issue notice. Mr. Sanjeev Narula, Sr. Standing Counsel for CBEC and Mr. Satish Aggarwala, Advocate for DRI accepts notice. The applicant seeks directions consequent to the order of the Court dated 30.01.2017. It is aggrieved by the fact that even though it paid differential duty in terms of the customs authority's demands on 28.10.2016, further amounts have been demanded. The custom authority's contentions are premised essentially on the wording of this W.P. (C) 692/2017

Court's order which had inter alia directed that the goods be released "subject to the petitioner paying the differential amount of duty". The inter se correspondence between the Customs authorities and the Department of Revenue Intelligence ("DRI") - on 09.02.2017 and 10.02.2017 - clearly bring out the facts that the Customs never made any fresh determination based upon any provisions of law, preceded by a show cause notice. It rather chose to go by the instructions of the DRI. It is, therefore, evident that there was no assessment order demanding further differential duty as it were. In these circumstances, respondents are directed to comply with the Court's order and ensure that the goods are released within a week. Application stands disposed of.

A copy of this order be given dasti under the signatures of Court Master.

S. RAVINDRA BHAT, J SANJEEV SACHDEVA, J FEBRUARY 23, 2017 /vikas/ W.P. (C) 692/2017