Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2009 (3) TMI 152

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (Oral)].- A Division Bench of this Court disposed of Civil Writ Petition No. 16037 of 2008 by an order dated 22-9-2008 with the direction that the Commissioner of Customs, Nhava Sheva, shall finalize within a period of two months the parameters to be applied for assessing the value of the imported goods for purposes of payment of customs duty. The assessment of the petitioner was directed to be f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the assessing authority has not either issued any notice to the petitioner or afforded to it any opportunity of being heard in the matter. 2. When the matter came up before us on 26-2-2009 for hearing, we had directed Shri Ghuman, learned counsel for the respondents to secure the relevant record pertaining to the assessment orders in question and in particular, take instructions whether the same .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nable no matter the same is otherwise appealable before the prescribed authority. It is fairly well settled that even when an alternative remedy is available against an order, a Writ Court can interfere where the same is made in violation of the principles of natural justice or where the statute on the basis whereof the order is made, is itself under II challenge. The present case falls in the fir .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... petitioner. He has, therefore, handed over a copy of the communication referred to in the assessment order to Shri Bansal, counsel appearing for the petitioner in the open Court today which contains the parameters in question. 5. In the result, we allow this writ petition, quash the impugned order Annexure P-6 (collectively.) dated 7-2-2009, passed by the Assistant Commissioner Customs, Ludhiana .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates