2002 (8) TMI 717 - AT - Customs

Natural justice - Show cause notice served but remained undelivered - Import - T.V. components for colour television

Summary

Issues:
1. Proper opportunity and natural justice breach
2. Dispute over goods description, classification, and duty charge

Analysis:
The appeal was filed against an order-in-original by the Commissioner of Customs regarding the clearance of electronic components for color television. The goods were declared ambiguously, leading to a re-determination of their value under Customs Valuation Rules, 1988. The appellants imported items for TV manufacture, appearing to have imported complete TV kits. The dispute involved the lack of clarity in goods description and their classification under specific customs codes.

The appellants contended that they were not afforded a proper opportunity and there was a breach of natural justice. Additionally, they argued that the dispute over goods description, classification, and duty charge should be decided based on a previous Tribunal decision. The JDR, however, supported the impugned order's correctness.

Upon hearing both parties, the Tribunal noted that the show cause notice was undelivered despite being sent twice. Despite the appellants' intention to respond and contest, they were not given a fair chance. The Tribunal decided to set aside the impugned order and remand the matter to the adjudicating authority for a fresh decision. The appellants were instructed to cooperate and appear before the authority for a fair hearing.

In conclusion, the appeal was allowed by way of remand, emphasizing the importance of providing a reasonable opportunity for both sides to present their case and the need to re-examine the goods' description, classification, and duty payable based on relevant legal precedents.