2009 (12) TMI 754 - AT - Customs

Summary

Issues:
Limited grievance regarding denial of natural justice by the Commissioner in the final order.

Analysis:
The Appellate Tribunal, in this case, addressed the department's application concerning the denial of natural justice to the party by the Commissioner in the final order. The Tribunal, after hearing arguments from both sides, concluded that there was no error or mistake in the final order that warranted rectification under Section 129B(2) of the Customs Act. The Tribunal highlighted that the Commissioner had declined a final opportunity of hearing sought by the party, which was deemed necessary for the principles of natural justice. The Tribunal emphasized that the rule of natural justice mandates a "reasonable opportunity" of being heard for an aggrieved party. While acknowledging that the Commissioner had provided an opportunity for the party to be heard initially, the Tribunal noted that the party had requested a further opportunity, which was denied. Consequently, the Tribunal directed the Commissioner to grant one more opportunity for the party to be heard, ensuring compliance with the principles of natural justice. The Tribunal found that there was no rectifiable mistake under Section 129B(2) of the Act in their decision to remand the case back to the Commissioner for de novo adjudication. Therefore, the Tribunal dismissed the application filed by the department.

This judgment underscores the significance of adhering to the principles of natural justice in administrative proceedings. It clarifies that while an initial opportunity for a party to be heard may have been provided, the denial of a subsequent request for further hearing could be considered a violation of natural justice. The Tribunal's decision to set aside the Commissioner's order and remand the case for de novo adjudication reflects the importance of ensuring that all parties are afforded a reasonable opportunity to present their case and be heard. The judgment serves as a reminder of the procedural safeguards enshrined in the rule of natural justice and the obligation of adjudicating authorities to uphold these principles in their decision-making processes.