Vikram Vinay Bhave And ANR v. Central Board Of Indirect Taxes And Customs And 3 ORS.

12-pil-77.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 77 OF 2019 Vikram Vinay Bhave and anr.

... Petitioners

Versus

Central Board of Indirect Taxes and Customs and Ors.

... Respondents Mr. Dharma Raj for the petitioners.

Adv R.V. Govilkar a/w Ms. Shaba N. Khan i/by Pavan S. Patil for respondent nos. 2 to 4.

Mr. Anil C. Singh, ASG aw Mr. P.S. Jetly, Sr. Avocate for respondent no. 1.

CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & NITIN R. BORKAR, J.

DATE :

MARCH 13, 2020 P.C.:

Submission is about 109 vessels are available with the Customs Department and to avoid tax evasion, the guidelines require each vessel to be on patrolling duty for particular hours. Petitioners assert that on average each vessel could put only 10% of the expected standard hours and because of this, there is not only tax evasion but also other issues arise. 2.

Learned standing counsel appearing for the respondent nos. nilegaonkar 1/2

12-pil-77.2019.odt 2 3, and 4 submits that the pleadings in the petition are based upon the old data and the present situation is not brought before the Court. According to him, in this situation, in the absence of current data, the court should not intervene in such matters. 3.

Counsel for the petitioners has invited our attention to the fact that one such representation was sent by the citizen on 18/08/2018, but it is still lying without any action. 4.

The fact that the said representation is made by some third person is apparent. However, considering the importance of the issue sought to be raised, we grant petitioners leave to make suitable representation to the Customs Department and such other Authorities as they deem proper. If such representation is made within three weeks from today, the Authorities may consider it in accordance with law within next three months. 5.

With these observations and keeping all contentions of the parties open, we dispose of the petition.

NITIN R. BORKAR, J.

ACTING CHIEF JUSTICE nilegaonkar 2/2