Home Case Index All Cases Customs Customs + HC Customs - 2019 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 580 - BOMBAY HIGH COURTRecovery of Customs Duty not paid - petitioner had no opportunity to present its case - principles of natural justice - HELD THAT:- We set aside the recovery notice dated 18.03.2019 as well as Order-in-Original dated 28.10.2016 passed by the Additional Commissioner of Customs, we direct the respondents in terms of the statement made by the Counsel on instructions to issue a copy of the Show Cause Notice leading to the order dated 28.10.2016 to the petitioner and pass the order thereon after hearing the petitioner. The respondents are also directed to delete the petitioner's name from the “Alert List”. It is only if the adjudication order is passed on the Show Cause Notice is adverse to the petitioner, that proceedings for recovery and consequent alert notice will be commenced by the department after the period available to the petitioner to challenge the same under the Act expires. Petition disposed off.
|