Dismissed

M/S.Jai Shree Impex v. Additional Director General

Madras HC4 Jul 2019WP/4291/2010

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 of the Constitution challenging a show-cause notice under the Customs Act, 1962, was dismissed. The petitioner failed to appear, and the Court held there was no jurisdictional challenge to the issuance of the notice.

What did the court decide?

Show-cause notice not quashed; liberty granted to petitioner to give explanation within 30 days.

M/S.Jai Shree Impex Vs Additional Director General — Money Laundering | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE OF MADRAS

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DATED: 04.07.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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M/s.Jai Shree Impex Represented by its Partner Manav Malik House No.32, VPO, Kundli, Sonepat, Haryana ...Petitioner

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Additional Director General, Directorate of Revenue Intelligence, 25, Gopalakrishna Road, T.Nagar, Chennai - 600 017. ...Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to show cause notice No.VIII/48/04/2009/TTN dated 08.09.2009 passed by the respondent and quash the same as arbitrary and illegal.

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For Petitioner : No Appearance

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The impugned order in the present writ petition is to quash the show-cause notice dated 08.09.2009, whereby the petitioner has been called upon to give his explanation as to that penalty should not be imposed on him under Section 112(a) and 114AA of the Customs Act, 1962.

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The petitioner has raised several grounds challenging the show-cause notice by terming it to be one issued without jurisdiction. A perusal of all the grounds raised in the present writ petition shows that, the petitioner has vested the

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https://hcservices.ecourts.gov.in/hcservices/

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authority on the facts of this case and as attended to justify the action contemplated against him through the show-cause notice, in my view, these grounds can be given by way of explanation to the show-cause notice and since the jurisdiction of the authorities to issue the show-cause notice is not under challenged in the present writ petition as evidence to the grounds raised by the petitioner, it would not be appropriate in this Court to interfere in the same.

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Accordingly, the writ petition stands dismissed, with the liberty to the petitioner to give his explanation to the showcause notice, within a period of 30 days from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No Costs.

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Sd/-

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Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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Pkn.

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Additional Director General, Directorate of Revenue Intelligence, 25, Gopalakrishna Road,

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T.Nagar, Chennai - 600 017.

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+1cc to Government Pleader sr.56889

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W.P.No.4291 of 2010

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vsn-II(co) nr 18/09/2019

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Jai Shree Impex v. Additional Director General

Case brief

What is this about?

What did the court decide?

M/S.Jai Shree Impex v. Additional Director General

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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