2016 (3) TMI 942

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....tish Kumar, Senior standing counsel Mr Satish Aggarwala, Adv ORDER 1. Notice. Mr. Satish Kumar, learned Senior Standing counsel and Mr. Satish Aggarwala, learned counsel accept notice on behalf of Respondent Nos. 1 and 2 respectively. 2. Mrs. Anjali J. Manish, learned counsel for the Petitioner at the outset states that the prayer made in this petition is being confined to seeking provisi....

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....tage; (v) On furnishing an undertaking by the importer that they will not use or dispose off already completed LED TVs as mentioned in para 2 the DRI SCN No.51/2015 dated 26th September 2015 and complete LED TVs assemble out of the parts of the consignment at issue, either by sale or by gift without getting necessary approval of DieTY (Department of Electronics & Information Technology) and BIS....

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....he Petitioner is still in progress. It is further submitted that unlike other cases where a SCN may not have been issued prior to the provisional release of the goods, here a serious dispute has been raised by the Respondents in the SCN as to the genuineness of the documents produced by the Petitioner. It is pointed out that in the event a penalty is levied on the Petitioner consequent to the adju....

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....regarding the genuineness of the documents produced by the Petitioner and this has been crystallized in the SCN which is pending adjudication. The issues arising therein has a bearing on the question of even the provisional release of the goods. The Court is, therefore, not inclined at this stage to interfere with the impugned order dated 11th February 2016 which grants provisional release subject....