2011 (7) TMI 291

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....or the Respondent   JUDGMENT   D.Y. Chandrachud, J   1. Rule, by consent returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.   2. The Petitioners are aggrieved by the communication issued to them by the Assistant Commissioner Customs (Preventive) Alibag Division (Exhibit G) by which they hav....

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....d be relegated to the remedy of filing an appeal against the orders passed by the Deputy Commissioner finalizing the assessments. During the course of the hearing, it has been stated before the Court by Counsel appearing on behalf of the Respondents that the Petitioners were not afforded an opportunity of being heard by the authority which passed the order. That being an admitted position on which....

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....with fundamental principles of natural justice. Efficiency in the disposal of quasi judicial proceedings is important but, that cannot be at the cost of overriding fundamental principles known to the law of the land.   5. We are, therefore, of the view that the impugned communication at Exhibit G and the consequent assessment orders, have to be set aside and a direction would have to be is....