This petition challenged an interim order passed by the Commissioner (Appeals) on 28 March 2013. The High Court held the order fair and balanced and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.11691.2013.6.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11691 OF 2013
Benudhar Samal } Petitioner versus Commissioner of Customs (Appeals) } Respondent
Mr. Vijay B. Singh and Mr. A. K. Singh for the Petitioner. Mr. Pradeep S. Jetly with Mr. S. P. Bharati for the Respondent.
CORAM :- S.C.DHARMADHIKARI & S.P.DESHMUKH, JJ. DATED :- JANUARY 5, 2015
P.C. :-
The Commissioner (Appeals) has passed an interim order
on 28th March, 2013, which is challenged in this Writ Petition under Article 226 of the Constitution of India by the original Appellant/Assessee.
on hearing the Counsel appearing for the Petitioner, we are not impressed with the request that this Court should interfere with the interim order. Tentative and prima facie findings have been rendered by the Commissioner so as to balance the rights and equity. His order
takes care of the right conferred on the Appellant and equally the apprehension of the Revenue. A fair interim order has been passed
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J.V.Salunke,PA
WP.11691.2013.6.doc
imposing reasonable condition so as not to non-suit the Petitioner. In these circumstances, the order does not require any interference in the Writ Jurisdiction. The Writ Petition is accordingly dismissed.
(S.P.DESHMUKH, J.) (S.C.DHARMADHIKARI, J.)
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J.V.Salunke,PA
1 provisions across 1 enactments
Benudhar Samal
Commissioner of Customs (Appeals)
S.C. Dharmadhikari
S.P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
