LIVINGSTONE Versus UNION OF INDIA
Indian Laws
2005 (1) TMI 624 – BOMBAY HIGH COURT – 2009 (234) E.L.T. 60 (Bom.)
BOMBAY HIGH COURT – HC
Dated:- 27-1-2005
1515 of 1990
Indian Laws
S. Radhakrishnan and J.P. Devadhar, JJ.
REPRESENTED BY :S/Shri Dinesh Pednekar with Ashis Parikar i/b. M/s. Khaitan and Jayakar, for the Petitioner.
Mrs. N.V. Masurkar with Shri. H.V. Mehta, for the Respondent.
[Order]. –
P.C. : Learned counsel for the petitioner in this petition has made a statement that the bank guarantee has already been renewed and handed over to the concerned authorities. Learned counsel for the Revenue after verifying the said fact makes a statement that the renewed bank guarantee has been received by the Revenue. S
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bond for the balance.
4. In pursuance of the aforesaid interim order, the consignment covered by the relevant bills of entry and invoices pertaining to the petitioner were allowed to be cleared. In other words, the interim order operated in favour of the petitioner and the goods were allowed to be cleared on compliance of the above conditions.
5. Now, what remains in the final adjudication of duty liability i.e. finalisation of the provisional assessment on the basis of which the goods were allowed to be cleared.
6. Learned counsel appearing for the petitioner submits that petitioner shall have no objection if the respondents desire to finally adjudicate upon the duty liability so as to finalise the provisional assessment
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n exercise of writ jurisdiction under Article 226 of the Constitution of India.
9. In the above premises, Revenue is directed to proceed with then adjudication proceedings as expeditiously as possible and to finally conclude the assessment proceedings within six months from today.
10. The petitioner shall keep the bank guarantee renewed and alive till the completion of the adjudication proceedings and eight weeks thereafter. If the adjudication proceedings are not completed within a period of 6 months from today, bank guarantee shall stand discharged. In that event, petitioner would be relieved of their obligation to keep the bank guarantee alive.
11. If the adjudication proceedings are not completed within six months from
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