2014 (2) TMI 168 - AT - Customs

Violation of principles of natural justice - Enhancement in declared value of bills of entry - Held that - Bills of Entry were assessed by enhancing the declared value in the Bills of Entry without assigning any reasons and also without issuing any show-cause notice to the respondents. Section 17 of the Customs Act, 1962 deals with the assessment of the Bill of Entry. Although the Bills of Entry were assessed summarily but Section 17(5) of the Customs Act provides that if the Bill of Entry is assessed summarily, the adjudicating officer shall pass a speaking order within 15 days of such adjudication. Admittedly, the same has not done in these cases. The said orders have been challenged by the respondents before the Commissioner (Appeals). The Commissioner (Appeals) observed that neither show-cause notices have been issued to the respondents nor any speaking order has been passed following the procedure of Section 17(5) of the Customs Act along with the provisions of Valuation Rules, 2007. Therefore, he sets aside the adjudication orders - Decided against Revenue.

Summary

Issues:
Violation of principles of natural justice in adjudication orders.

Analysis:
The judgment pertains to appeals filed by the Revenue against impugned orders where the Commissioner (Appeals) set aside the adjudication orders. The Revenue prayed for the appeals to be disposed of at the current stage due to a violation of principles of natural justice to the respondents in the adjudication orders. It was argued that the matter should be remanded to the original adjudicating authority to pass a fresh order following the principles of natural justice. Upon hearing the arguments and examining the records, it was found that the Bills of Entry were assessed by enhancing the declared value without reasons or issuing show-cause notices to the respondents. The Customs Act, 1962, specifically Section 17, deals with the assessment of Bills of Entry. It was noted that the adjudicating officer failed to pass a speaking order within the stipulated time frame as required by Section 17(5) in cases where Bills of Entry are assessed summarily. The Commissioner (Appeals) rightly observed the absence of show-cause notices and speaking orders, as mandated by the law, and set aside the adjudication orders.

The Tribunal upheld the impugned orders passed by the Commissioner (Appeals), stating that there was no infirmity in the decision. Consequently, the request to remand the matter back to the adjudicating authority was denied. The appeals and stay applications were dismissed. The judgment emphasizes the importance of following due process and principles of natural justice in adjudication proceedings, highlighting the necessity for issuing show-cause notices and passing speaking orders as required by the Customs Act and relevant rules. The decision reaffirms the significance of procedural fairness and adherence to statutory provisions in administrative actions related to customs matters.