TMI Blog2019 (9) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... issued u/s 28(4) of the Customs Act, 1962 - HELD THAT:- Though the learned counsel for the petitioners sought to raise the jurisdictional issue, I find that such issue, cannot be put against the Officer, who issued the show cause notices, when such authority is admittedly, having competency and jurisdiction to issue the same. Merely because, it is contended by the learned counsel for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr.M.Santhanaraman standing counsel COMMON ORDER All these writ petitions are filed challenging the show cause notices dated 22.03.2019, 08.04.2019 and 16.04.2019 respectively, issued under Section 28(4) of the Customs Act, 1962. 2. Heard Mr.Hari Radhakrishnan, learned counsel for the petitioners and Mr.M.Santhanaraman, learned standing counsel, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper authority. He further contended that there is a dispute between two Countries viz., the Country of origin and the Country of import with regard to the origin determination and therefore, unless and until such dispute is settled by following the procedures contemplated under the ASEAN India Free Trade Agreement, the present impugned show cause notices cannot be issued. Therefore, the learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was conducted by some other authority, even assuming such contention is factually and legally correct, still that cannot be a ground to question the jurisdiction of the authority, who issued the present show cause notices, when admittedly, the same is issued by the competent authority. Needless to say that all these points, can be raised before the Adjudicating Authority by filing their objections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns are dismissed as not maintainable only on the reason that the petitioners are not entitled to maintain the writ petitions as against the show cause notices. However, liberty is granted to the petitioners to raise their objections before the authority, who issued the show cause notices, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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