9911796707
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Issues:
1. Separate orders passed by the lower appellate Authority for Respondent importer's Appeal and Department's Appeal. 2. Misinterpretation of the nature of the Departmental Appeal under Section 128 of the Customs Act, 1962. Analysis: 1. The judgment addresses the issue of the lower appellate Authority passing separate orders for the Respondent importer's Appeal and the Department's Appeal against the same impugned order. The tribunal found this action to be erroneous as both Appeals should have been heard together, resulting in one consolidated order. The lower appellate Authority's failure to do so was considered a procedural error, leading to the setting aside of both orders issued on different dates. The matter was remanded back to the lower appellate Authority to ensure both Appeals are considered together, following the principles of natural justice and providing adequate hearing opportunities to both sides. 2. The second issue highlighted in the judgment pertains to the misinterpretation by the lower appellate Authority regarding the nature of the Departmental Appeal filed before him. The tribunal pointed out that the Departmental Appeal was not under Section 128 of the Customs Act, 1962, as assumed by the lower appellate Authority. Instead, it was filed pursuant to review by the Commissioner of Customs under Section 129D(2), making the time limits prescribed under sub-section (3) and sub-section (4) of Section 129D applicable. The lower appellate Authority's oversight in this regard was deemed a significant error, contributing to the decision to set aside both orders and remand the matter for a fresh consideration in accordance with the correct legal provisions. In conclusion, the judgment by the Appellate Tribunal CESTAT, KOLKATA, delves into the procedural irregularities observed in the lower appellate Authority's handling of Appeals related to a Customs Act case. By addressing the issues of separate orders and misinterpretation of the nature of the Departmental Appeal, the tribunal emphasizes the importance of adherence to legal procedures and accurate application of statutory provisions in such matters. The decision to remand the case back to the lower appellate Authority underscores the significance of fair and comprehensive adjudication in line with the principles of natural justice and statutory requirements.
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