The Commissioner of Customs (Csi Airport Ii) v. Deepti Jewellers
Case brief
What is this about?
This court refused an interim stay in a customs appeal since the goods were already released by officials, holding that such release does not prejudice the Revenue's rights. The motion was disposed of.
What the court decided
45-NMA-267.2016.doc
suresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.267 OF 2016 IN
CUSTOMS APPEAL NO.76 OF 2015
The Commissioner of Customs
(CSI Airport-II) .... Applicant In the matter between The Commissioner of Customs (CSI Airport-II) …. Appellant Vs. Deepti Jewellers .... Respondent
Mr. Pradeep S. Jetly for the Applicant/Appellant. Mr. Anil D. Wagh i/by Mr. Sagar Kasar for the Respondent.
CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ. DATE : JUNE 20, 2016
P.C:
Heard both sides.
Having realised that the goods involved have already been released by the Revenue Officials, we do not think that any interim stay can be granted, as prayed. Interim stay is refused. However, the release of the goods shall not prejudice the rights and contentions of the Revenue. The motion is disposed of accordingly.
Issues for consideration
2 issues framed by the court
Whether an interim stay can be granted when goods have already been released by Revenue Officials.
Whether the release of goods prejudices the rights and contentions of the Revenue.
Parties & counsel
- appellant
The Commissioner of Customs (CSI Airport-II)
- respondent
Deepti Jewellers
Coram
S.C. Dharmadhikari
Case details
As recorded by the court registry
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