2016 (7) TMI 1611

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Mr. Rahul Ranjan, Advocates. For the Respondents : Mr. Sanjeev Narula, Senior Standing counsel and Mr. Ajay Karla, Advocate. ORDER 1. Notice. Mr. Sanjeev Narula, Senior Standing counsel accepts notice on behalf of the Respondent. 2. This is the second round of litigation by the Petitioner who had earlier filed W.P.(C) No.4707 of 2016 seeking unconditional release of the goods imported ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....preclude the Department from proceeding to take any further action as permissible to it in law including proceeding against the Petitioner under Section 124 of the CA." 4. It is pointed out that the above directions have not been complied with. 5. The Deputy Commissioner of Customs, Group (7H)ICD, Tughlakabad, New Delhi, issued a letter dated 16th June 2016 where after reproducing the operat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....me more time to obtain instructions. Meanwhile the Petitioner has filed a contempt petition as well. 7. The Court is constrained to observe that there was no occasion for multiplicity of proceedings arising from the order dated 2nd June 2016 passed by this Court. If the Customs Department was aggrieved by any portion of that order, it could have proceeded to seek whatever remedies were availabl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....explaining on what basis he proceeded to undertake re-assessment of the goods in question under Section 17 of the CA, when the direction of this Court was explicit that the Department could proceed under Section 124 of the CA by issuing proper notice to the Petitioner. This affidavit be filed not later than two weeks from today with an advance copy to the counsel for the Petitioner. It is made cle....