TaxTMI 
TaxTMI 
2019 (4) TMI 189
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....17107 dated 01.10.2018, in terms of orders of this Court in W.P.[MD]No.21158 of 2018, and further to direct the respondents to issue a detention certificate for waiver of demurrage and Container Detention Charges in terms of Regulation 6(1)(l) of Handling of Cargo in Customs Areas Regulations, 2009. 2.It is the case of the petitioner that they imported cargo of green peas under the sales Contract No.S19-17-17107 dated 01.10.2018 from Canada. It is the case of the petitioner that by notification dated 28.09.2018, the Director General of Foreign Trade, restricted import of green peas / yellow peas. 3.According to the petitioner, the cargo arrived at the port of Tuticorin on 12.02.2019 and the bills of lading are both dated 29.12.2018. Accor....
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....mported by the petitioner from Canada which are both dated 29.12.2018. He also drew the attention of this Court to the order of the learned Single Judge of this Court in a batch of Writ Petitions dated 27.02.2019 and in particular he referred to paragraphs 22, 23, 24 and 25 of the said order and submitted that in view of the stay of the notification, the same order is also applicable to the petitioner who has also imported green peas / yellow peas and the bills of lading are dated 29.12.2018 before the cut off date of 30.12.2018, fixed by this Court under order dated 27.12.2019 passed in a batch of writ petitions filed by similarly placed importers. 7.Per contra, learned Standing Counsel referred to a decision of the Bombay High Court repo....
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....rt in the principal seat in a batch of writ petitions namely W.P.No.4403 of 2019 etc., batch. The following directions were issued by the learned Single Judge by her order dated 27.02.2019 which reads as follows: "a)The grant of stay of operation of the relevant notification and the pendency of the said stay as on the date of import is admitted. Thus, and in conclusion on the basis of the admitted position on facts as recorded by me in paragraph 15 of this order and bearing in mind the balance of convenience in the present case, the consignments in question are liable to be released, though conditionally. b)The petitioners will remit the entire duty component of the consignments imported by them in cases were such duty is leviable as ....
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....as against the upholding of the notification by the Gujarat High Court, an SLP was filed before the Hon'ble Supreme Court which was also dismissed on 28.01.2019 in SLP.No.1922 of 2019. Only after considering all those facts, the order dated 27.02.2019, came to be passed by the learned Single Judge of this Court. 11.On instructions, it is now submitted by the learned Standing Counsel that till date no appeal has been filed as against the order dated 27.02.2019 passed by the learned Single Judge of this Court in a batch of Writ Petitions. The submissions made by the learned Standing Counsel before this Court today, were also considered by the learned Single Judge, while passing the order dated 27.02.2019 in a batch of Writ Petitions. Onl....