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Punjab-Haryana High Court

Amit Kumar & Others vs Union Of India And Others on 8 July, 2019

Bench: Jaswant Singh, Lalit Batra

CWP-20185-2017 (O&M)



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.



                                       CWP-20185-2017 (O&M).
                                       Decided on: July 8, 2019.



Amit Kumar and others

                                                             .. Petitioners


                            VERSUS



Union of India and others

                                                           .. Respondents
                                ***

CORAM:            HON'BLE MR.JUSTICE JASWANT SINGH
                  HON'BLE MR.JUSTICE LALIT BATRA
                           ***

PRESENT           Mr.Jagmohan Bansal, Advocate,
                  for the petitioner.

                  Mr.Sourabh Goel, Advocate,
                  for respondent Nos.1, 3 and 4.

                  Mr.Sunish Bindlish, Advocate,
                  for respondent No.2 assisted by
                  Mr.Rajat Malhotra, Senior Investigating Officer DRI.


JASWANT SINGH, J. (ORAL)

Amit Kumr and Sandeep Kumar (petitioner Nos.1 and 2) who are the employees of M/s S.N. Shipping - respondent No.3 (a Custom House Agent), engaged in the business of facilitating clearance of imported goods at the custom ports have approached this Court under Article 226 of 1 1 of 2 ::: Downloaded on - 22-07-2019 00:22:50 ::: CWP-20185-2017 (O&M) the Constitution of India, seeking quashing of impugned order dated 31.7.2017 (Annexure P5) passed by the Customs, Central Excise and Service Tax Settlement Commission - respondent No.4, whereby while confirming the demand of Rs.1,47,12,404/-, on the importer for misdeclaration of the imported goods, a penalty of Rs.3 lac (Rupees Three lacs) each has been imposed on all the three petitioners.

Counsel for the parties are agreed that the present writ petition has to be disposed of in view of order dated 8.7.2019, passed in CWP-19567-2017.

In view of aforesaid agreed stand, the instant writ petition is disposed of in terms of order dated 8.7.2019, passed in CWP- 19567-2017, titled "M/s Gupta G & Company Vs. Union of India and Others." The petitioners are directed to appear before the Settlement Commission on 7.8.2019.




                                              (JASWANT SINGH)
                                                   JUDGE



July 8, 2019.                                    (LALIT BATRA)
raj arora                                           JUDGE

                   Whether speaking / reasoned              Yes / No
                   Whether reportable                       Yes / No




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