2025 (7) TMI 1020

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.... assessment in respect of Shipping Bills relating to the transactions of export effected by M/s. S.M. Niryat Pvt. Ltd. (now amalgamated with the Petitioner-Company vide order dated 30th January, 2024 passed by the National Company Law Tribunal, Kolkata Bench), filed writ petition under Articles 226 and 227 of the Constitution of India with the following prayers: "Under the aforesaid circumstances, it is prayed therefore that this Hon'ble Court may be graciously pleased:- a. To direct the Opp. Parties to finalise the provisional assessment in respect of shipping bills pertaining to period from 9th July 2018 to 2nd April 2022 vide Annexure-2 series on Wet Metric Ton (WMT) basis and not on Dry Metric Ton (DMT) basis, as proposed in the sh....

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....ation of various shipping bills in the case of Bagadiya Brothers Pvt. Ltd. (supra) and judgment of this Hon'ble Court in Kai International (supra) and therefore untenable in law; e. Issue rule nisi on prayer a, b, c and d above; f. to issue appropriate writ directing Opp. Parties not to perpetuate by overreaching the binding judgments of Hon'ble Apex Court and department's own circular to redetermine transaction value based on BIS parameters as being illegal, arbitrary and without jurisdiction; g. If the Opp. Parties fails to show cause or show insufficient cause, make the rule absolute; h. To pass such further order/orders, direction/directions as may be deemed fit and proper; i. To grant further relief/reliefs as the pe....

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....Since the final assessment ought to be done taking into consideration the Wet Metric Ton (WMT) basis and not Dry Metric Ton (DMT) basis, the petitioner sought for intervention of this Court for a direction to the statutory authority concerned to adopt WMT method for determination of percentage of Fe content with respect of export of iron ore fines during the period in question. 4. Mr. Saswat Acharya, learned Advocate for the Petitioner drew attention of this Court to reply dated 01st February, 2025, submitted before the Commissioner-cum-Customs (Preventive), Commissonerate at Bhubaneswar with respect to Show Cause Notice dated 18th December, 2023 and submitted that all the relevant materials and also the decisions as referred to above alon....

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....bruary, 2025 (vide Annexure-8) in connection with Show Cause Notice dated 18th December, 2023 before the Commissioner of Customs (Preventive), Commissionerate at Bhubaneswar and the said authority till date has not proceeded to finalise the shipping bills. 8. It is true, as argued by Sri Tusar Kanti Satapathy, learned Senior Standing Counsel, that touching merit of the matter by laying guidelines to proceed with the determination of Fe contents of iron ore fines which were exported would affect adversely the final assessment which is required to be based on fact-finding based on evidence available on record by applying appropriate law to such facts. Nonetheless, it needs to be observed that the said authority, while finalizing the provisio....