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2018 (11) TMI 1403 - HC - CustomsImposition of late fine charges with penalty - petitioner has prayed for direction to the respondents to remove "Alert" inserted against the petitioner in its electronic system - Held that:- In a Writ Petition, we would be extremely slow in striking down the show cause notice unless the petitioner demonstrates lack of jurisdiction or breach of natural justice or some such defect which goes to the very root of the matter. In the present case, we do not notice any such ground to quash the notices in exercise of writ jurisdiction. The petitioner must reply to the show cause notices and cooperate in the adjudication thereof. The petitioner has so far not filed any reply. If the petitioner wishes, such replies may be filed latest by 10.12.2018. The petitioner shall cooperate with the adjudication of such notices. The amount demanded by the department and the recovery of which is made a precondition for clearing the future Bills of Entry of the petitioner is the same for which the department has issued show cause notices to the petitioner calling upon the petitioner why such demands should not be confirmed. On the other hand, the department seeks recovery of such amount coercively by blocking the petitioner's future clearances. Obviously, there cannot be recovery coercively made even before the demand is confirmed. The respondents are directed to delete the name of the petitioner from the 'Alert' list - Petition disposed off.
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