2011 (10) TMI 451 - HC - Customs

Provisional assessment - During the course of the hearing, it has been stated before the Court by Counsel appearing on behalf of the Respondents that the Petitioners were not afforded an opportunity of being heard by the authority which passed the order - Held that adjudicating authority shall take necessary steps in accordance with law to finalize the assessment after furnishing to the Petitioners an opportunity of being heard and complying with the principles of natural justice, on an expeditious basis

Summary

Issues:
1. Lack of hearing and non-compliance with natural justice principles in finalization of provisional assessments by Deputy Commissioner of Customs.

Analysis:
The petitioners were aggrieved by communications from the Assistant Commissioner Customs informing them of finalization of provisional assessments by the Deputy Commissioner of Customs without affording them a hearing or passing a speaking order. The petitioners contended that the lack of hearing and non-compliance with natural justice principles rendered the assessments invalid. The respondents suggested that the petitioners should file an appeal, but it was admitted that the petitioners were not given an opportunity to be heard. The court held that the failure to provide a hearing constituted a breach of natural justice, justifying the exercise of writ jurisdiction instead of relegating the petitioners to the remedy of an appeal.

In the case of Automotive Tyre Manufactures Asson. v. Designated Authority, the Supreme Court established that a personal hearing is essential for a fair decision-making process. It was emphasized that efficiency in disposing of matters should not override fundamental principles of natural justice. The court applied this principle to the present case, emphasizing that a special drive to clear backlogs did not justify disregarding the principles of natural justice. Consequently, the court set aside the impugned communications and assessment orders, directing the Deputy Commissioner of Customs to pass fresh orders after allowing the petitioners an opportunity to be heard and ensuring compliance with natural justice principles.

The court made the rule absolute, indicating that the impugned communications and assessment orders were to be set aside. The Deputy Commissioner of Customs was directed to finalize the assessments after providing the petitioners with a hearing and complying with natural justice principles. The petitioners were instructed to appear before the concerned authority with a copy of the court's order. The adjudicating authority was directed to expedite the assessment process while ensuring the petitioners' right to be heard and upholding principles of natural justice. No costs were awarded in the judgment.