2009 (8) TMI 107

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....of a show cause notice. An order came to be passed on 30th January, 1990 confiscating five silver ingots weighing 152 kilograms under Section 113(1) of the Customs Act, 1962 and also imposing penalty. The order was passed by the Dy. Collector of Customs (Preventive) (Bombay). 2. The petitioner preferred an appeal before the Tribunal. The Tribunal went into the question whether against the order....

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....e consultant. In the instant case, we find that the consultant Mr. Sonawane was heard on the very issue. In paragraph no. 2 of the order, it is also recorded that "No objection" was taken at the stage of adjudication in the matter of issues of show cause notice and passing of the order." 5. The question before us for consideration is whether the Tribunal was right in arriving at a conclusion it....

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....ach this court in the exercise of its extraordinary jurisdiction. 6. We have asked the learned counsel whether apart from the question of jurisdiction as to forum whether there was any other jurisdictional error in the order-in-original or in appeal or violation of the principles of natural justice which would result in this court exercising its extraordinary jurisdiction. Learned counsel has b....