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2015 (11) TMI 1463 - MADRAS HIGH COURT

2015 (11) TMI 1463 - MADRAS HIGH COURT - 2015 (325) E.L.T. 707 (Mad.) - Ex-parte decision - opportunity of hearing was not provided - gross violation of principles of natural justice - Finalization of provisional assessment - availment of Customs Duty Exemption on the basis of forged project implementing authority certificates - Held that:- Since the petitioner disputes the very service of notice with regard to hearing of the case as well as the failure on the part of the authority to afford an .....

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rder. - Petition disposed of. - W.P.No.16315 of 2006 and WPMP No.244 of 2014 - Dated:- 2-9-2015 - MR. R. MAHADEVAN, J For the Petitioner : Mr.Mohamed Shaffiq For the Respondent : Mr.V.Sundareswaran, Standing Counsel ORDER Challenging the order of the respondent dated 21.04.2006 finalizing the provisional assessment on the ground that the petitioner company availed Customs Duty Exemption on the basis of forged project implementing authority certificates and the consequential levy of penalty, the .....

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ame to be issued on 21.04.2005 and was challenged by way of writ petitions. When the writ petition came to be dismissed on 02.08.2005, the petitioner company preferred writ appeal and the Division Bench by order dated 13.02.2006 disposed of the writ appeal with certain directions. 3. The petitioner further states that pursuant to the order of the Division Bench of this court, a notice came to be issued intimating the fact that personal hearing was fixed on 20.03.2006. On that day, a written subm .....

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tion of principles of natural justice. It is the said order now under challenge in this writ petition. 4. Heard both sides and also perused the records carefully. 5. The Division Bench of this court, by order dated 13.02.2006, directed the authority to dispose of the matter after affording due opportunity of personal hearing and an outer time limit was also fixed to the effect that the entire proceedings should be over by eights weeks. Accordingly, an opportunity of personal hearing was afforded .....

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