2009 (1) TMI 238 - AT - Customs

Violation of natural justice - The case of the Revenue was built on the basis of material contained in the hard disc of a computer seized - In the adjudication proceedings, the appellants had questioned the authenticity and reliability of the report of GEQD. In order to establish that the GEQD report was not reliable they sought to examine the author of the report held that - order has been passed in gross violation of principles of natural justice - it was not fair on the part of the adjudicating authority to have passed the adjudication order without considering the request made by the appellants to examine the GEQD case remanded

Summary

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

Analysis:
The case involved the enhancement of assessable value of imported artificial flowers by the Commissioner of Central Excise, resulting in a demand for differential duty and penalties. The appellants challenged the impugned order on the grounds of violation of principles of natural justice, specifically regarding the denial of the opportunity to cross-examine the Government Examiner of Questioned Documents (GEQD) whose report formed the basis of the case. The appellants contended that they were not informed of the decision to deny cross-examination before the order was passed, which was deemed a violation of natural justice. The Tribunal found merit in the appellants' argument, stating that the adjudication order was passed without considering their request to examine the GEQD, thus setting aside the impugned order and remanding the case for fresh adjudication. The Tribunal emphasized the importance of affording the appellants a reasonable opportunity to be heard in the new proceedings, ensuring adherence to principles of natural justice. The appeal and stay application were disposed of accordingly, highlighting the significance of procedural fairness in adjudication processes.