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The High Court of Madhya Pradesh : Prestige Polymers Pvt.Ltd.Vs The Commissioner Of Customs : W.P. No.10397/2018 : 9th May, 2018

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HIGH COURT OF MADHYA PRADESH

INDORE BENCH

W.P. No.10397/2018

M/s Prestige Polymers Pvt.Ltd. ...

Vs

The Commissioner Of Customs

Decided on 9 May, 2018


Shri Shashank Shrivastava, learned counsel for the petitioner.

Heard on the question of admission.


In compliance to order dated 6/04/2018, passed in the Writ Petition no.7204/2018, the learned Adjudicating Authority decided the application of the petitioner for provisional release of goods and allowed the prayer, subject to the terms and conditions.


The sole contention of the learned counsel for the petitioner is that the DRI imposed conditions for provisional release of goods by letter dated 23/11/2017 and the learned Adjudicating Authority without following the aforesaid, imposed new conditions, which is not sustainable under law.

The learned Adjudicating Authority is not bound to follow the conditions issued by the DRI in Para - 5 of the letter dated 23/11/2017 by passing order for provisional release of goods. The aforesaid order is appealable.

Considering the aforesaid, we instead of entertaining this writ petition, permit the petitioner to file a statutory appeal before the learned Appellate Authority, in accordance with law.

With the aforesaid, the writ petition stands disposed of.


P.K. Jaiswal         S.K. Awasthi
Judge                  Judge


pn

Preetha Nair


Additional Info

  • Date Range (yyyy-mm-dd): Wednesday, 09 May 2018
  • Court/Authority: High Court
  • Tax Type: Customs duty
  • Subject: Prestige Polymers Pvt.Ltd.Vs The Commissioner Of Customs : W.P. No.10397/2018
  • Petitioner/Appellant: Prestige Polymers Pvt.Ltd.Vs The Commissioner Of Customs
  • Respondent: Prestige Polymers Pvt.Ltd.Vs The Commissioner Of Customs
  • Appl no. or Appl year: W.P. No.10397/2018
  • Supreme Court Location: Delhi
  • High Court Location: Madhya Pradesh High Court
  • AAR Location: Delhi
  • Authority: Supreme Court
  • AAR GST State Location: Kerala
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