2010 (6) TMI 841 - AT - Customs

Summary

Issues involved:
The issues involved in this judgment include the appellants' request for waiver of pre-deposit and stay of recovery in relation to dues adjudged by the Commissioner, negation of natural justice by the Commissioner, non-supply of relied-upon documents, denial of personal hearing, and grievances raised by various appellants regarding procedural irregularities.

Details of the Judgment:

1. Background and Common Grievance:
The appellants, who are exporters and other associated persons, were aggrieved by demands of drawback amounts, fines, and penalties imposed by the Commissioner. They had a common grievance of negation of natural justice by the Commissioner, citing issues such as non-supply of relevant documents and lack of effective opportunity for personal hearing.

2. Specific Cases of Grievances:
- Appellant in C/462/09: Did not receive copies of certain documents and was not able to attend the personal hearing due to late notice.
- Appellant in C/454/09: Requested documents were not supplied, and effective opportunity for personal hearing was not offered.
- Appellant in C/448/09, C/465/09, C/466/09: Received personal hearing notices late, affecting their ability to attend the hearings.
- Appellant in C/447/09: Received documents and hearing notice but was not heard by the Commissioner, leading to an ex parte order.
- Appellant in C/472/09: Requested a copy of the examination report and an opportunity to cross-examine a Customs officer.
- Appellant in C/481/09: Received hearing notices late but had no grievance regarding document supply.
- Appellant in C/476/09: Received hearing notices late and requested another opportunity for personal hearing, with no pressing need for additional documents.

3. Remand for De Novo Adjudication:
The Tribunal found the cases fit for remand for de novo adjudication due to the procedural irregularities and lack of natural justice. The impugned order was set aside, and the appeals were allowed by way of remand. The Commissioner was directed to conduct a fresh adjudication in accordance with the law and principles of natural justice, ensuring all parties are given a reasonable opportunity for personal hearing and replying to the show-cause notice.

4. Conclusion:
All the appeals were disposed of by way of remand, emphasizing the importance of adhering to the principles of natural justice and providing parties with adequate opportunities for hearing and response.

Judge's Note: Separate judgment was not delivered by the judges in this case.