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2015 (12) TMI 1254 - HC - CustomsAuction of goods by the port authorities due to non clearance - Auction done without notice to Assessee - Held that:- Any kind of communication or reply, addressed before or after the notice, does not confer any right on the consignee to seek any legal remedy. Therefore, it is more clear that either the goods should have been cleared soon after the publication of the notice or some steps should have been taken legally by the petitioner - When the petitioner and the respondents are in exchange of correspondences in respect of the clearance of the goods, there is no need for any specific notice regarding the clearance of goods. However, in the case on hand, the agent of the petitioner himself had admitted that he was intimated about the disposal of the consignment and the press notice was issued in the English Daily, dated 19.6.2002 and a copy of the same was affixed in the office of the Cargo Terminal, Chennai and therefore, viewed from any angle, the question of non-issuance of notice before the public auction does not arise. Even after paying the customs duty, the petitioner should have been more vigil and strenuous in clearing the goods. - Court does not find that the action of the auctioning the goods of the petitioner suffers from any infirmity. - action of the auctioning the goods of the petitioner suffers from any infirmity - Decided against Assessee.
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