2009 (8) TMI 988

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....and Mrs. S. Mitra, Advocates, for the Appellant. Shri R.K. Chowdhury, with Ms. Saswati Joardar, Advocates, for the Respondent. ORDER The writ petitioner/respondent no. 1 is a 100 percent, export oriented organisation and is supposed to export silk. 2. The Deputy Commissioner of Customs, Varanasi in the State of Uttar Pradesh, issued a purported show cause notice asking the writ petitio....

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....oner of Customs, Lucknow, preferred an appeal under Section 128 of the Customs Act, 1962 before the Commissioner of Customs (Appeal), Allahabad. It is an admitted position that the appeal is pending, before said authority. 6. After the appeal is filed and when the appeal is pending before the appellate authority, this writ petition was moved before the Hon'ble Single Judge challenging the show ....

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.... to the jurisdiction of the Additional Commissioner of Customs, Lucknow, who had by an order dated December 31, 2008, adjudicated the matter and directed confiscation of the seized goods and imposed penalty. Moreover, it has preferred an appeal and the appeal is pending before the Commissioner of Customs (Appeal), Allahabad. 11. We, therefore, grant stay of operation of the order impugned grant....