TaxTMI 
TaxTMI 
TaxTMI 
2021 (6) TMI 265
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....laxation covered under the bill of entry no.7899664 dated 13.06.2020. 2. The petitioner is engaged in import, processing and export of cashew from African Countries. The petitioner had imported 133.158 MTs of raw cashew nuts, vide bill of entry No.7899664 dated 13.06.2020 through Tuticorin customs. The first respondent, namely, the Plant Protection Officer, Plant Quarantine Station, Tuticorin, raised certain objections on the phytosanitary certificate issued on this consignment, which reads as follows: (a) Though the name of the plant product was spelt correctly as cashew dry nuts the botanical name was wrongly written as "zingiber officinale" instead of "anacardium occidentale". (b) The vessel name was wrongly written as "Merkur Fjord....
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....Thereafter, the appellate authority, vide order dated 29.10.2020, dismissed the appeal filed by the petitioner stating that non-fulfilment of the mandatory requirements could have serious ramifications for our flora and fauna as well as environment in general. As against the order dated 29.10.2020, the petitioner filed a writ petition in W.P.(MD) No.16756 of 2020. This Court, vide order dated 26.11.2020, disposed of the writ petition, directing the second respondent to consider the petitioner's application dated 08.09.2020, filed under Article 14 of the Plant Quarantine (Regulations of Import into India) Order, 2003, seeking for one time relaxation for the production of phytosantiary certificate in respect of the imported 133.158 MTs of....
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....ion available under Article 14(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003, for one time relaxation of conditions of import permit and phytosantiary certificate in certain cases. The learned counsel further submits that the said Article 14(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003, not only enables the respondents to relax the requirement of import permit, but, also the requirement of producing the phytosanitary certificate. 5. The learned counsel for the petitioner further submits that the PQ certificate No.IK2020/5936 dated 24.06.2020 has been produced before the authorities. However, the first respondent raised a doubt over the certificate. The doubt, according to him,....
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....concern to India. 7. The learned counsel for the petitioner offered for an examination of goods through an accredited treatment provider and the petitioner is ready to bear the expenses for the same. 8. Mr.Asok Kumar Ram, learned counsel appearing for the respondents 1 and 3 submits that as per Article 3(1) of the Plant Quarantine (Regulations of Import into India) Order, 2003, no plants, plant products shall be imported into India, without complying the phytosanitary conditions stipulated under the Order 2003. Phytosanitary Cetificate is a mandatory document for all imported consignments. If there is violation of the mandatory requirements, it could have serious ramifications for our flora and fauna as well as environment and therefore, ....
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....t Protection in the Department of Agriculture & Cooperation shall be the competent authority for according the relaxation. Further the powers of relaxation has been delegated (vide DAC lt. No.8-5/2004-PPI(pt) dated 2nd February 2005) to officers in charge of the Plant Quarantine Stations for relaxing the conditions of Import permit and phytosanitary certificate required as per Plant Quarantine (Regulation of Import Into India) Order, 2003 as a one-time exception in favour of a single party and not for repeated violations by that party. All second or subsequent cases of violation of requirement of Import Permit and Phytosanitary certificate by any party shall be forwarded to Joint Secretary (Plant Protection), Department of Agriculture & Coo....