9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 392 - HC - CustomsValidity of order - passed nearly 16 months after the date of personal hearing - Held that - it is common ground that the Hon ble Supreme Court has emphasized time and again that the orders pursuant to a personal hearing either by a court or the Tribunal or any quasi judicial body ought to be passed expeditiously and within a reasonable time. However, bearing in mind that the Revenue s orders have immediate impact and parties ought to know their position in financial year to year, it is not proper that such an enormous delay should take place. It is not a case where we find that any reason can be assigned for a hopelessly delayed order. Therefore, the impugned order is quashed and set aside. Petition disposed of
Issues: Delay in passing orders after personal hearing by the adjudicating authority.
In this judgment by the Bombay High Court, the petition challenged an order passed by the Commissioner of Customs at the Chhatrapati Shivaji Maharaj International Airport. The petitioner's counsel argued that there was an unreasonable delay of 16 months between the personal hearing on 5th November, 2013, and the issuance of the impugned order on 30th March, 2015. The court noted the importance of timely orders following personal hearings, emphasizing that such delays are unacceptable, especially when they impact parties financially. The court highlighted that the Revenue's orders should be passed expeditiously, and in this case, no valid reason was provided for the significant delay. Consequently, the court quashed and set aside the impugned order, directing a rehearing and readjudication by the adjudicating officer. The court mandated that a fresh order be passed after a new personal hearing, ensuring that the adjudicating authority is not influenced by any prior observations or findings. The respondent assured the court that the new order would be issued within three months, and the court accepted this undertaking. The judgment concluded by making the rule absolute with no order as to costs.
|
