2008 (7) TMI 177 - AT - Customs

As per the provisions of Rule 12(1)(a) of the Customs and Central Excise Duties(Drawback) Rules, 1995, the exporter at the time of export has to give description of the goods, quantity etc. for deciding whether the goods are entitled to drawback - appellant s claim for relaxation of above provisions of Rule 12(l)(a), was rejected by Commissioner without granting opportunity of hearing violation of principle of natural justice matter remanded

Summary

Issues:
Request for relaxation of provisions of Rule 12(1)(a) of Customs and Central Excise Duties(Drawback) Rules, 1995 without affording an opportunity of hearing to the appellant.

Analysis:

1. The Commissioner rejected the appellant's request for relaxation of provisions of Rule 12(1)(a) of the Drawback Rules, concerning the export of Mentha Oil and filing of Free Shipping Bills.

2. Rule 12(1)(a) mandates exporters to provide necessary details for drawback eligibility and make declarations on shipping bills. The Commissioner can exempt non-compliance if reasons are beyond the exporter's control, after considering representations.

3. The appellant argued that no hearing was granted to explain the failure to claim drawback at the time of export, alleging a violation of natural justice principles in passing the impugned order.

4. The Revenue contended that reasons for not filing drawback shipping bills must be explained when requesting relaxation of Rule provisions. As no reasons were provided in this case, the rejection of the request was justified.

5. The Tribunal found that the rejection without a hearing violated natural justice. Consequently, the impugned order was set aside, and the matter was remanded to the Commissioner for a fresh decision after granting the appellant an opportunity to be heard.

This judgment emphasizes the importance of procedural fairness in administrative decisions, highlighting the need for authorities to provide a fair hearing before making determinations that could significantly impact the parties involved.