Advocate Sushila
SUPREME COURT SETS ASIDE BOMBAY HIGH COURT ORDERS ON THE GROUND OF INHERENT CONTRADICTIONS
Advocate Sushila Ram 27 Jun 2021

SUPREME COURT SETS ASIDE BOMBAY HIGH COURT ORDERS ON THE GROUND OF INHERENT CONTRADICTIONS

A Three-Judge Bench of the #SupremeCourt has in a recent case of Union of India vs M/S. Raj Grow Impex LLP & Ors. passed a #Judgment dated 17-06-2021 and held that the #orders of the #BombayHighCourt are #unjustified for being contradictory to the orders of the #Commissioner of #Customs (Appeals).


In this case, the Director General of Foreign Trade (DGFT) issued notifications under the Foreign Trade (Development and Regulation) Act, 1992 (the Act) in the previous years (Notifications), restricting the import of certain beans, peas and pulses (Goods). The Respondents, M/s. Raj Grow Impex LLP and M/s. Harihar Collections, had imported the said Goods and thereafter, the Adjudicating Authority at Customs, Mumbai ordered for confiscation of the Goods in view of the said Notifications, vide Order dated 28-08-2020. As a result, the Respondents-Importers had to pay fine, customs duty and penalty to redeem the Goods. However, DGFT objected to the release of the said Goods as they were restricted items. Hence, the Customs Authority did not release the Goods.


To read more, please visit the link below:


https://theindianlawyer.in/supreme-court-sets-aside-bombay-high-court-orders-on-the-ground-of-inherent-contradictions/


#supremecourt #bombayhighcourt #customs

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