2008 (3) TMI 574 - AT - Customs

Principles of Natural justice - Denial of cross-examination - Evidence - manufacture of export product (SS utensils)

Summary

Issues:
Import of raw material under a post-export advance licence as a merchant-exporter, denial of opportunity to cross-examine a witness, imposition of duty, penalty, and confiscation of goods.

Analysis:
The case involved the appellant, a Proprietor of an exporting concern, who imported raw materials under a post-export advance licence as a merchant-exporter. The appellant had already exported a significant quantity of goods when discrepancies arose regarding their status. Investigations by the DRI revealed alleged violations, leading to a show-cause notice proposing duty recovery, confiscation, and penalty. The appellant contested the notice, requesting to cross-examine a crucial witness whose statement was pivotal in the case. However, the adjudicating authority denied this opportunity, leading to a critical issue of denial of natural justice.

The Commissioner's order confirmed duty demand, confiscation, and penalty based on the alleged violations. The appellant argued that as a merchant-exporter, they were entitled to engage job workers without endorsing their names in the licence, citing relevant legal precedents. The Commissioner relied on a letter from JDGFT indicating a status discrepancy, but no evidence of license amendment was presented. Moreover, crucial documentary evidence, including the Export Obligation Discharge Certificate and transportation documents, supporting the appellant's claims were not adequately considered. The Commissioner's reliance on oral evidence over documentary evidence was deemed unsustainable, highlighting procedural irregularities.

The appellate tribunal found the Commissioner's order unsustainable due to procedural flaws and lack of proper consideration of evidence. The tribunal set aside the order and directed a fresh adjudication, emphasizing the importance of granting the appellant a fair opportunity to cross-examine the key witness and present evidence. The decision underscored the principles of natural justice and the necessity for a thorough examination of all evidence before reaching a conclusion. The appeal was allowed for remand, ensuring a fair hearing and examination of the case based on the available evidence and legal provisions.