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        Case ID :

        2019 (7) TMI 1833 - HC - Customs

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        Interim stay on challenged notification and trade notice pending consideration, with notice issued to respondents. A challenge was brought to a notification dated 29.03.2019 and a subsequent trade notice dated 16.04.2019, with the petitioner relying on earlier year ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Interim stay on challenged notification and trade notice pending consideration, with notice issued to respondents.

                            A challenge was brought to a notification dated 29.03.2019 and a subsequent trade notice dated 16.04.2019, with the petitioner relying on earlier year notifications that had already been challenged and stayed. Interim protection was granted pending consideration, and notice was issued to the respondents returnable within three weeks. The operation and effect of the impugned notification and the trade notice were stayed qua the petitioner.




                            Issues: Challenge to the notification dated 29.03.2019 and the subsequent trade notice dated 16.04.2019, and whether interim protection should be granted pending consideration.

                            Analysis: The order records the petitioner's contention that similar notifications for previous years had already been subjected to challenge before the Court and that interim orders staying their operation and effect had been passed in those matters.

                            Outcome: Notice was issued to the respondents returnable within three weeks, and in the meantime the operation and effect of the impugned notification and the subsequent trade notice were stayed qua the petitioner.


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                            ActsIncome Tax
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