2016 (4) TMI 278

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....as been filed, under Article 226 of the Constitution of India, seeking, in substance, issuance of a writ of Certiorari setting aside and quashing the order, dated 23.11.2015, aforementioned. Heard Mr. Tanmoy Chakravarty, learned Counsel, appearing on behalf of the petitioner, and Mrs. Nivedita Nirvikar, learned Senior Standing Counsel for the Department of Customs. The material facts and various stages, which have led to the making of this writ petition, may, in brief, be set out as follows:- With the grievance that the authorities of Land Customs Station, Indian Border Post, Raxaul, have not been allowing the petitioner to avail the benefit under Notification No.01/2011-CE, dated 1.3.2011, the writ petitioner filed a writ petition....

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....fication has been issued by the Ministry of Finance, by which CVD has been raised to 6%. It is further submitted that at least the petitioner is entitled to avail of the benefit under notification No.01/2011-CE dated 1.3.2011 and pay duty at the rate of 2% CVD on goods imported through Nepal for the period prior to the fresh notification. Learned Additional Solicitor General as also learned counsel for the Customs Department submit that the direction may be issued to the Assistant Commissioner to dispose of the representation of the petitioner. In the said circumstances, let a fresh representation be filed by the petitioner along with a copy of the earlier representation dated 22.5.2015 as also a copy of the order of the Supreme Court....

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....the petitioner within a period of four weeks from the date of filing of the said representation. It is informed by learned counsel for the Customs Department that no matter is pending before the Assistant Commissioner, Customs, Raxaul. Learned counsel for Opposite Party- Dabur India Limited submits that 674 appeals against the order of the Assistant Commissioner are pending before the Commissioner of Customs (Appeals). He further submits that a direction be given to the Commissioner of Customs (Appeals), instead of the Assistant Commissioner, Customs, Raxaul to dispose of the appeals. In view of the aforesaid facts and circumstances, the order dated 22.07.2015 passed in C.W.J.C. No.10601 of 2015 is modified to the extent that the C....