2021 (3) TMI 32

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....leased to direct opponents herein to allow clearance of used MFDs imported by the petitioner vide Bills of Entry No.4820593, 4820639, 4820640 all dated 09.09.2019. (C) Your Lordships may be pleased to grant any other and further relief/s as may be deemed just and proper in the interest of justice and fitness of things." 2 This Court disposed of the main matter i.e. the Special Civil Application No.3780 of 2020 vide order dated 11th January 2021 in the following terms: "10 Mr. Devang Vyas, the learned Additional Solicitor General of India appearing with Mr. Parth Bhatt, the learned Standing Counsel for the respondent would submit that this writ application may be disposed of by issuing appropriate directions to the respondent No.2 to ....

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....4 The respondent No.2 shall also bear in mind the order passed by the Supreme Court in the case of Union of India vs. M/s. R. R. Marketing and others [Special Leave to Appeal (C) No.17307 of 2019 decided on 18th September 2020] and also take into consideration the order passed by the Punjab and Haryana High Court in the case of M/s. Genuine Copier Systems vs. Union of India and others [CWP No.28333 of 2019 (O&M) decided on 5th November 2019]. 15 With the above, this writ application stands disposed of." 3 Pursuant to the aforesaid order passed by this Court, the Joint Commissioner has passed an order dated 25th January 2021 declining the provisional release of the goods holding as under: "7 Therefore, in light of the provisions of DG....

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....ourt vide order dated 18.09.2020 allowed the writ on the ground that no notification has been issued requiring registration of MFDs before import by M/s. R. R. Marketing, who had imported the old & used MFDs in July 2017, before DGFT Notification No. 05/2015-20 dated 07.05.2019 & MeitY Circular No. 01/2019 dated 02.05.2019. Therefore, at the time of import by M/s. R. R. Marketing, Old & used MFDs were not prohibited under DGFT Notification No.05/201520 dated 07.05.2019. But in the present case, M/s. Radhika Traders imported old & used MFDs in Sep., 2019 i.e. after DGFT Notification No.05/201520 dated 07.05.2019 & MeitY Circular No.01/2019 dated 02.05.2019 and hence old & used MFDs imported by M/s. Radhika Traders are prohibited goods. Th....