SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Cal) 827

I. P. MUKERJI
BABITA DEVI MAURYA, PROPRIETRESS OF M/S. KUMAR ENTERPRISE – Appellant
Versus
COMMISSIONER OF CUSTOMS (PREVENTIVE), KOLKATA – Respondent


Advocates Appeared:
For the Petitioner: Arijit Chakraborty, Nilotpal Chowdhury, Debaditya Banerjee
For the Respondent: Rajarshri Bharadwaj, K.K. Maiti, Kausik Dey

JUDGMENT :

This writ application can be disposed of at the court application stage.

2. A large quantity of 95.75 MT of betel nuts was seized from the writ petitioner by the respondent authorities, under Section 110(1) of the Customs Act 1962.

3. The allegation of the respondent authorities against the writ petitioner is that these goods are illegally imported into India.

4. The writ petitioner refutes this. According to her, these goods are indigenous and have not been imported.

5. Section 110A of the said Act provides that seized goods may be released to the importer provided he or she furnishes, inter alia, security, to the satisfaction of the Customs Officer.

6. In this writ application the writ petitioner challenges the decision of the Commissioner of Customs (Preventive) communicated by a letter dated 31st October, 2014 of an Assistant Commissioner of Customs (Annexure P-7, page 113). By this decision the 95.75 MT of betel nuts seized by the respondent authorities would be released provisionally subject to the petitioner fulfilling the following conditions:-

“(a) Payment of duty in accordance with the tariff value fixed by the Board (read with Section 15 of the Customs Act, 1962).

(b)









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top