(Uday Umesh Lalit, C.J. and Bela M. Trivedi, J.)
Miscellaneous Application Nos. 1839-1843/2022 In Civil Appeal Nos. 2515-2519/2011, decided on November 4, 2022
Commissioner of Customs (Preventive) ________ Appellant/Applicant;
v.
Airmid Aviation Ser.(P) Ltd. and Others ____________ Respondent(s).
Miscellaneous Application Nos. 1839-1843/2022 and Civil Appeal Nos. 2515-2519/2011
The Order of the court was delivered by
Order
1. These miscellaneous applications pray that the order dated 26-11-2021 be clarified.
2. Our attention has been invited to the concluding sentence in the order which is to the following effect:
“The civil appeals are, therefore, dismissed leaving all questions of law open to be agitated in an appropriate case.”
3. Mr. Tarun Gulati, learned Senior Advocate appearing in support of the applications submits that the civil appeals preferred by the Revenue as well as the assessee were dismissed. The intent of the sentence as quoted above was to leave the questions of law open so far as the other matters are concerned and not qua the matters which were before this Court for consideration.
4. We see force in the submission. The last sentence is therefore, clarified to say that the questions of law which have been kept open to be agitated will be in cases which were not dealt with by the Court.
5. With these observations, the applications are disposed of.
Miscellaneous Application No. 1839-1843/2022 in C.A. No. 2515-2519/2011
Commissioner of Customs (Preventive) _________________ Petitioner
v.
M/s. Airmid Aviation Ser.(P) Ltd. and Ors ___________ Respondent(s)
(FOR ADMISSION and IA No. 151820/2022-CLARIFICATION/DIRECTION)
Date : 04/11/2022 These petitions were called on for hearing today.
(Before Uday Umesh Lalit, C.J. and Bela M. Trivedi, J.)
UPON hearing the counsel the Court made the following
ORDER
6. The Miscellaneous Applications are disposed of in terms of the signed order.
7. Pending applications, if any, shall stand disposed of.
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