Bombay HC Stays Customs Demand on Pending of Review Petition before Supreme Court in Canon India case [Read Order]

The Bombay High Court stayed customs demand on pending of the review petition before the Supreme Court in Canon India case.

The batch of petitions are moved on behalf of the petitioners pointing out that these proceedings would stand covered by the decision of the Supreme Court in Canon India Pvt. Ltd. vs. Commissioner of Customs.

In Idea Cellular Ltd. Vs. The Union of India, whereby this Court has noted that there is a Review Petition arising out of the decision of the Supreme Court in M/s Canon India Private Limited, which is pending before the Supreme Court. Also, subsequent the amendment which was brought about by Finance Act 2022, is also challenged before the Supreme Court in the proceedings of Writ Petitions which too are pending.

In Union of India & Ors. vs. Aspam Petrochem Pvt. Ltd, which is an order on batch of civil appeals as also writ petitions filed under Article 32 of the Constitution of India, in which the 2022 amendment is stated to be subject matter of challenge. The Supreme Court having noted the order passed in Review Petition No. 400 of 2021 in the case of Commissioner of Customs vs. M/s. Canon India Pvt. Ltd, has adjourned the said proceedings awaiting the decision of the review petition.

A Division Bench of Justices Jitendra Jain and GS Kulkarni observed that “After hearing learned counsel for the parties, it appears that the issues are not different from what the Court considered in the case of Idea Cellular Ltd., Viral Kanubhai Mehta and in the case of Irfan Hajiosman Nursumar. We accordingly pass similar orders on the present proceedings. Hence, Rule. Respondents waive service.”

The Court concluded by noting that “As and by way of ad-interim relief, we stay the impugned order, however, liberty to the respondents to make an application for vacating of the said order in the event the respondents are of the opinion that the same ought not to be continued and/or after the decision of the Supreme Court in the pending Review/Writ Petition in the case of Canon India Pvt. Ltd.”

To Read the full text of the Order CLICK HERE

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