Supreme Court - Daily Orders
Additional Director General ... vs M/S Its My Name Pvt Ltd on 1 October, 2020
Bench: D.Y. Chandrachud, Indira Banerjee
SLP(C) 10472/2020
1
ITEM NO.9 Court 4 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.10472/2020
(Arising out of impugned final judgment and order dated 01-06-2020
in CUSAA No. 229/2019 passed by the High Court of Delhi at New
Delhi)
ADDITIONAL DIRECTOR GENERAL (ADJUDICATION) Petitioner(s)
VERSUS
M/S ITS MY NAME PVT LTD Respondent(s)
(With appln.(s) for interim relief, exemption from filing c/c of
the impugned judgment and permission to file additional
documents/facts/Annexures)
Date : 01-10-2020 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE INDIRA BANERJEE
For Petitioner(s) Mr. S.V. Raju, ASG
Mr. Rupesh Kumar, Adv.
Ms. Aakanksha Kaul, Adv.
Mr. B. Krishna Prasad, AOR
For Respondent(s) Mr. Harish N Salve, Sr. Adv.
Ms. Anuradha Dutt, Adv.
Mr. Akshya Anand, Adv.
Mr. Sachit Jolly, Adv.
Mr. Gautam Awasthi, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified1 These proceedings have arisen from an order of a Division Bench of the Delhi
Digitally signed by
ARJUN BISHT
Date: 2020.10.01 High Court dated 28 February 2020 in an appeal from an order of the 18:49:19 IST Reason: SLP(C) 10472/2020 2 Customs, Excise and Service Tax Appellate Tribunal. The Tribunal set aside the direction of the competent authority declining to provisionally release the goods under Section 110A of the Customs Act, 1962 and while doing so, imposed certain conditions.
2 In appeal, the High Court by its order dated 28 February 2020 noted that the total value of the goods was Rs 28.23 crores. The High Court has directed provisional release, subject to the respondent furnishing a bank guarantee quantified at Rs 10 crores, besides other incidental conditions.
3 During the course of the hearing, we have heard Mr S V Raju, Additional Solicitor General in support of the Special Leave Petition and Mr Harish N Salve, Senior counsel on behalf of the respondent.
4 We are of the considered view that the quantum of the bank guarantee which has been directed to be furnished by the High Court, should be enhanced from Rs 10 crores to Rs 15 crores. Mr Salve has stated on instructions that he has no objection to an enhancement of the quantum of the bank guarantee. We accordingly modify the order of the High Court by directing that the quantum of the bank guarantee shall stand enhanced to Rs 15 crores. The other conditions which have been imposed by the High Court shall continue to govern.
5 The Special Leave Petition is accordingly disposed of.
6 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
AR-cum-PS BRANCH OFFICER