Bombay High Court
Star Engineergs India Pvt. Ltd vs Union Of India Thr. The Secretary ... on 13 April, 2023
Author: Abhay Ahuja
Bench: Nitin Jamdar, Abhay Ahuja
1 902. WP 5414.23.doc
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5414 OF 2023
Star Engineers India Pvt. Ltd. ... Petitioner
V/s.
Union of India and Ors. ... Respondents
Mr. Bharat Raichandani with Mr. Rishabh Jain i/b. UBR Legal for
the Petitioner
Mr. Ram Ochani for the Respondent No.3
CORAM : NITIN JAMDAR &
ABHAY AHUJA, JJ.
DATE : 13 APRIL 2023 P.C. :-
Heard the learned Counsel for the parties.
2. The Petitioner has approached this Court at the stage of show cause notice which is yet to be adjudicated contending that the Officer, who has issued the Show Cause Notice does not have jurisdiction to modify the classification under the Customs Tariff Act, 1975 and he will have to necessarily abide by the classification under the Act.
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3. While we issue notice to the Respondents, we are not inclined to restrain the Respondents from proceedings further with the adjudication of the Show Cause Notice. The argument regarding jurisdiction raised by the Petitioner can be raised before the Officer. We grant liberty to the Petitioner to amend the Writ Petition in case the adverse order is passed against the Petitioner to challenge the same on the contention regarding lack of jurisdiction.
4. Issue notice to the Respondents, returnable on 6 June 2023.
5. Needless to state that if any adverse order is passed before the next date, same shall not given effect to till the next date.
ABHAY AHUJA, J. NITIN JAMDAR, J.
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