2004 (10) TMI 353 - AT - Customs

Summary

Issues: Violation of principles of natural justice in passing an ex parte order without granting an opportunity of hearing and rejecting adjournment plea; Failure of the Commissioner to consider the application for declaring an adjacent site as a Bonded Warehousing Station under Section 9 of the Customs Act.

In the present case, the Appellate Tribunal CESTAT, Bangalore addressed the issue of violation of principles of natural justice by the Commissioner in passing an ex parte order without granting an opportunity of hearing and rejecting the adjournment plea. The Tribunal noted that the appellants had a strong ground for seeking adjournment as they had made a representation to the Commissioner to consider their plea regarding the adjacent site where they had shifted imported goods. The appellants had applied to declare the site as a Warehousing Station under Section 9 of the Customs Act, supported by a site plan and multiple reminders to the Commissioner. However, the Commissioner failed to consider their application and proceeded to adjudicate the matter without granting a personal hearing, thereby violating the principles of natural justice. The Tribunal concluded that the matter needed to go back to the Commissioner for de novo consideration to ensure a fair determination after granting a fresh hearing to the appellants within a specified timeframe due to the significant revenue involved and the prolonged pendency before the Commissioner.

Another issue addressed by the Tribunal was the failure of the Commissioner to consider the application for declaring an adjacent site as a Bonded Warehousing Station under Section 9 of the Customs Act. The Tribunal emphasized that the appellants had followed the legal procedure by submitting the application, and it was the adjudicating authority's responsibility to consider it. The Commissioner's administrative oversight in not addressing the application but issuing a show cause notice and adjudicating the matter without granting a personal hearing was deemed a violation of natural justice. The Tribunal directed the Commissioner to consider the application, proceed with the adjudication, and decide the matter afresh after granting a fresh hearing to the appellants within a stipulated period of four months. The impugned order was set aside, and the matter was remanded to the Commissioner for de novo consideration, ensuring a fair and just resolution in accordance with the principles of natural justice and statutory provisions under the Customs Act.