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Court Grants Interim Relief Pending SC Review on Finance Act 2022 Amendments; Respondents May Seek Order Vacating Later. The court admitted petitions concerning issues similar to those in the SC decision in Canon India Pvt. Ltd. vs. Commissioner of Customs and noted the ...
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Court Grants Interim Relief Pending SC Review on Finance Act 2022 Amendments; Respondents May Seek Order Vacating Later.
The court admitted petitions concerning issues similar to those in the SC decision in Canon India Pvt. Ltd. vs. Commissioner of Customs and noted the relevance of pending SC review petitions regarding Finance Act 2022 amendments. The court granted ad-interim relief, maintaining it until the SC's final adjudication, with respondents permitted to apply for vacating the order following the SC's decision. The proceedings paralleled issues in prior cases like Idea Cellular Ltd., with all contentions reserved for future consideration. No separate judgment was issued.
Issues involved: The judgment involves issues related to the applicability of a decision by the Supreme Court in Canon India Pvt. Ltd. vs. Commissioner of Customs, the impact of subsequent amendments brought about by the Finance Act 2022, and the pending review petitions before the Supreme Court challenging the said amendments.
Details of the judgment:
1. The petitions raised issues covered by the Supreme Court decision in Canon India Pvt. Ltd. vs. Commissioner of Customs. The Court admitted the petitions based on similar issues raised in previous proceedings and ordered that the interim relief would continue until final adjudication.
2. The Court noted that the principal issue was pending before the Supreme Court as per the order passed in Idea Cellular Ltd. case. The petition was admitted, and an ad-interim relief was granted, with liberty given to respondents to apply for vacating the order after the Supreme Court's decision.
3. The Court considered that the issues in the present proceedings were similar to those in Idea Cellular Ltd., Viral Kanubhai Mehta, and Irfan Hajiosman Nursumar cases. Similar orders were passed, granting ad-interim relief and allowing respondents to seek vacating of the order post the Supreme Court's decision.
4. All contentions of the parties were expressly kept open for further consideration.
Separate Judgment: No separate judgment was delivered by the judges in this case.
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