2013 (7) TMI 1011 - HC - Customs

Maintainability of petition - efficacious alternative remedy of appeal - principles of Natiural Justice denied - Held that - There has been violation of principles of natural justice and in such case alternative remedy is no bar. The order dated 20th December 2012 passed by the Additional Commissioner of Customs is therefore set aside. The matter is remanded for fresh adjudication - application disposed off.

Summary

Issues:
Challenge to order by Additional Commissioner of Customs; Efficacious alternative remedy; Consideration of cited judgments; Violation of principles of natural justice.

Analysis:
The High Court of Calcutta addressed the challenge to an order passed by the Additional Commissioner of Customs confirming a demand of Rs. 14,20,122. The writ petition was dismissed by the Trial Court on the ground of an alternative remedy being available. The appellant argued that the Additional Commissioner did not consider a cited judgment and failed to provide reasons for its inapplicability. The Court referred to a Bombay High Court judgment emphasizing that a quasi-judicial authority must consider all relevant material to avoid violating natural justice principles. Consequently, the High Court found a violation of natural justice and set aside the order, remanding the matter back to the Additional Commissioner for a fresh hearing within two months.

The High Court agreed with the Bombay High Court's stance on the importance of considering relevant material in judicial decisions. The failure to provide reasons for disregarding a cited judgment was deemed a violation of natural justice principles. As a result, the High Court overturned the order of the Additional Commissioner of Customs and directed a re-hearing with proper consideration of facts and law, emphasizing the need for a reasoned order to be passed promptly.

The judgment highlights the significance of adhering to principles of natural justice in quasi-judicial proceedings. By setting aside the order due to the failure to consider relevant material and provide reasons for decision-making, the High Court reaffirmed the importance of a fair and thorough assessment in administrative decisions. The directive for a fresh hearing underscores the Court's commitment to upholding procedural fairness and ensuring that parties are given a proper opportunity to present their case before a reasoned decision is made.