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2013 (2) TMI 117 - AT - CustomsImporter and its Director are contesting that barring the Plant Quarantine Certificate no other evidence were relied upon in the SCN and the evidences have been used for the first time in the order, thus depriving them the right to defend their case effectively. Also that the Department also is questioning legality and properity of the impugned order on the grounds set out in the appeal, therefore, it is considered expedient to set aside the orders and remand the matter to the original authority for fresh decision.
Issues:
Remand of the matter to the original authority for fresh decision based on the grounds of appeal advanced by the Department and the appellant company and its Director. Analysis: The judgment delivered by the Appellate Tribunal CESTAT Kolkata involved a case where both the Revenue and the Assessees, along with their Director, were in appeal against certain orders passed by the Commissioner of Customs (Port), Kolkata. The issues in all the cases were deemed common, leading to their consolidation for disposal. Upon hearing the Assistant Commissioner for the Department and reviewing the records, it was observed that the importer and its Director contested the reliance on only the Plant Quarantine Certificate in the Show Cause Notice (SCN), with additional evidence being introduced for the first time in the order. This was seen as depriving them of the opportunity to effectively defend their case. The Department, on the other hand, raised concerns regarding the legality and propriety of the impugned order based on the grounds outlined in the appeal. Consequently, the Tribunal found it appropriate to set aside the orders and remand the matter to the original authority for a fresh decision. The lower adjudicating authority was instructed to consider both the Department's and the appellant company's grounds of appeal in reaching a new decision. The judgment emphasized that all issues were to be reconsidered, allowing both parties to present supporting documents and ensuring a fair opportunity for a hearing. Ultimately, the appeals were disposed of through remand, providing a chance for a reevaluation of the case with all aspects kept open for review.
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