Bombay High Court
Acme Solar Holdings Limited, Gurgaon, ... vs Union Of India, Under Secretary, ... on 16 April, 2019
Author: S.M. Modak
Bench: Ravi K. Deshpande, S.M. Modak
1604wp3084.19 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3084 OF 2019
(ACME Solar Holdings Limited vs. Union of India and others)
______________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Shri A.M. Ghare, Advocate for petitioner.
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CORAM : R.K. DESHPANDE AND
S.M. MODAK, JJ.
DATED : APRIL 16, 2019 Heard Shri Ghare, learned Counsel for the petitioner.
The challenge in this petition is to the final order dated 16/7/2018 passed by respondent no.2 under Section 8-B of the Customs Tariff Act, 1975 determining the safeguard duty at the rate of 25% ad valorem on the imported goods, namely, Solar cells and modules. Consequently, final notification issued on 30/7/2018 on the basis of final order is also the subject matter of challenge in this petition. The assessment has taken place and the petitioner is liable to make payment of total liability of Rs.4,12,00,000/- in respect of safeguard duty in respect of two consignments.
It may be a question of appeal to challenge the ultimate assessment, but there is no remedy as is urged by Shri Ghare, learned Counsel appearing for the petitioner, to challenge the final order dated 16/7/2018 passed under Section 8-B of the Customs Tariff Act, 1975 ::: Uploaded on - 16/04/2019 ::: Downloaded on - 17/04/2019 06:20:39 ::: 1604wp3084.19 2/2 and the notification dated 30/7/2018 on the basis of which the final assessment has been done.
Our attention is invited to the petitions entertained by Andhra Pradesh High Court as well as Gujarat High Court challenging the same notification and the final order. The Gujarat High Court has passed an interim order for release of the goods upon executing bond whereas Andhra Pradesh High Court has imposed condition of deposit of 50% amount of assessment as a condition for release of the goods and execution of bond for the remaining amount.
Issue notice for final disposal of the matter, returnable on 9/7/2019.
Shri Aurangabadkar, learned Assistant Solicitor General of India waives service of notice for respondent no.1.
By way of interim order, we direct that two consignments of the solar modules imported by the petitioner, which are subject to safeguard duty, shall be released upon petitioner's depositing 50% of the amount assessed with the competent Authority and furnishing bond for the balance amount.
This order shall be subject to result of the petition.
JUDGE JUDGE
khj
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