FLEMINGO (DUTY FREE SHOP) PVT. LTD. Vs. DEPUTY COMMISSIONER OF CUSTOMS (P)
LAWS(BOM)-2020-2-148
HIGH COURT OF BOMBAY
Decided on February 17,2020

Flemingo (Duty Free Shop) Pvt. Ltd. Appellant
VERSUS
Deputy Commissioner Of Customs (P) Respondents

JUDGEMENT

M.S.SONAK,J. - (1.) Heard Mr. S. D. Lotlikar, the learned Senior Counsel along with Mr. A.D. Bhobe and Mr. T. Sequeira, the learned Counsels for the petitioner and Ms. Asha Desai, the learned Senior Standing Counsel for the Customs Department - respondents.
(2.) The challenge in this petition is to the demand for Cost Recovery Charges and Merchant Overtime Charges (CRC and MOT) contained in Communications dated 28.3.2011, 5.4.2011 and 2.5.2011 in respect of the Duty Free Shop which the petitioner operates at Dabolim International Terminal.
(3.) After this matter was heard, after sometime Ms. Desai, the learned Senior Standing Counsel for the respondents submitted that since the petitioners disputed the aforesaid demand notices, the procedure requires that the respondents will issue a Show Cause Notice to the petitioner in order to commence adjudication proceedings. She submits that such Show Cause Notice will be issued within four weeks period from today. She submits that adjudication proceedings, in pursuance of such Show Cause Notice will be concluded within a period of four months from the date of receipt of the reply to the petitioner's Show Cause Notice. She therefore submits that this Court, may not go into the merits of the disputes sought to be raised by the petitioner at this stage.;


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