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2015 (10) TMI 1284 - BOMBAY HIGH COURT

2015 (10) TMI 1284 - BOMBAY HIGH COURT - 2015 (324) E.L.T. 275 (Bom.) - Demand for differential customs duty under Section 28 Settlement Commission - Dismissal of application in absence of Petitioner causes serious prejudice to the Petitioner Revenue found adjournments made to be flimsy and without any reasonable cause No documents filed even after three weeks; the order is just, fair and proper.

Held That:- Since amount of differential duty is large, final opportunity granted .....

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the Respondent : Mr.Pradeep S.Jetly ORDER This Writ Petition challenges the order passed by the Settlement Commission dated 11th November, 2014. 2) It is common ground that an application for settlement was filed on 6th January, 2014 before the Settlement Commission. It was made over to the Settlement Commission's Additional Bench. The application is traceable to section 127B of the Customs Act, 1962. That sought settlement of a dispute arising out of show cause notice dated 25th March, 200 .....

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e simply because the only argument before us is that the dismissal of this application in the absence of the Petitioner/Applicant, that too on merits, has caused serious prejudice to the Petitioner. The Petitioner only made a reasonable request of furnishing copies of documents, based on which the Revenue demanded the differential duty. In the absence thereof, the Petitioner would not have been able to proceed with the matter. True it is that some adjournments were sought for that purpose, but t .....

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e than three weeks, no further documents have been filed and the settlement application should be ordinarily disposed of expeditiously that it dealt with the application on merits. That was a last resort and such order of the Commission, which is fair, just and proper, should not be interfered with and the Petition be dismissed. 5) With the assistance of both sides, we have perused the Petition paper book and the impugned order. We are of the view that the Commission was justified in holding tha .....

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