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Madras High CourtWP/8353/2021closed

Itc Limited, v. Commissioner Of Customs

2021-06-17Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.8353 of 2021 & WMP No.8907 of 2021 ITC Limited, Represented by its Authorized Signatory, Virginia House, No.37, Jawaharlal Nehru Road, Kolkatta - 700 071.

... Petitioner Vs

1. Commissioner of Customs, Chennai -IV Commissionerate, 60, Rajaji Salai, Customs House, Chennai - 600 001.

2. Deputy Commissioner of Customs, (Arrear Recovery Cell), Chennai-IV, 60, Rajaji Salai, Customs House, Chennai 600 001.

3. Customs, Excise and Service Tax Appellate Tribunal, No.26, Haddows Road, Shastri Bhavan Annexe, I Floor, Chennai - 600 006.

(R3 Suomotu Impleaded vide order dt 31/03/2021 madein WP.8353/21)

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari to call for the records of the respondents culminating in Detention Notice bearing F.No.ARC/405/2019-CHIV Order dated 17.03.2021 issued by the 2nd respondent and quash the same.

For Petitioner : Ms.L.Maithili For Respondents : Mrs.R.Hemalatha, Senior Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

O R D E R

In the light of the order passed by me on 16.06.2021, which is extracted below, nothing survives in this writ petition and the same is closed.

'Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for the Customs Department states fairly that the petitioner has remitted a sum of Rs.2.62 Crores (approx) towards 7.5% pre-deposit as ordered by the CESTAT. In light of Circulars No.984/8/2014-CX, dated 16.09.2014 and No.1053/2/2017-CX dated 10.03.2017, the detention notice impugned in this writ petition is not pursued any longer and proceedings have been issued withdrawing the same. Consequent upon the withdrawal of the detention notice, the threat of 'alert' also ceases.'

Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rkp To

1. Commissioner of Customs, Chennai -IV Commissionerate, 60, Rajaji Salai, Customs House, Chennai - 600 001.

2. Deputy Commissioner of Customs, (Arrear Recovery Cell), Chennai-IV, 60, Rajaji Salai, Customs House, Chennai 600 001.

3. Customs, Excise and service tax Appellate Tribunal, No.26, Haddows Road, Shastri Bhavan Annexe, I Floor, Chennai - 600 006.

+1cc to M/s.R. Hemalatha,Advocate,Sr.28292 W.P. No.8353 of 2021 & WMP No.8907 of 2021 AK-II NSK 15/07/2021 https://hcservices.ecourts.gov.in/hcservices/