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Supreme Court of India 2020-02-11 disposed

COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, GOA vs M/S ADANI EXPORTS LTD

Bench: 3 — Rohinton Fali Nariman, S. Ravindra Bhat, V. Ramasubramanian

In Brief

A customs dispute raised the question of whether High Courts must always demand a statement of case from the Appellate Tribunal before deciding applications to refer questions of law under the Customs Act. The Supreme Court held that High Courts possess discretion—not a mandatory obligation—to call for such statements. The decision overruled a prior precedent that had imposed a mandatory requirement. The Court based its reasoning on the conditional language ('if') in Section 130A(4), indicating the High Court's discretionary power rather than a strict procedural requirement.">

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Customs Law Administrative Law Appellate Procedure High Court Jurisdiction

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