2007 (9) TMI 197 - AT - Customs

Baharain national Comm (A) dismissed appeal on grounds of non maintainability - when an individual is absent from India a person duly authorized by him can sign CA-I form - appellant was not in a position to sign the document as she was in Bahrain during relevant time so General Power of Attorney holder has signed the CA-I form Comm.(A) could have given him an opportunity to produce the power of attorney by giving atleast one adjournment violation of natural justice matter remanded

Summary

Issues:
1. Appeal against the Order-in-Appeal A.No. 56/2006(H-II) CUS dated 24-1-2007 passed by the Commissioner of Central Excise & Customs (Appeals) Hyderabad.
2. Confiscation of Indian currency and penalty under the Customs Act, 1962.
3. Dismissal of appeal by the Commissioner (Appeals) on grounds of non-maintainability.
4. Lack of authorization evidence for the appellant's representative.
5. Denial of natural justice in dismissing the appeal without giving an opportunity for submission of authorization.

Analysis:
1. The appeal was filed against an Order-in-Appeal by the Commissioner of Central Excise & Customs, Hyderabad. The case involved the confiscation of Indian currency from a foreign national at the airport under the Customs Act, 1962. The original authority confiscated the currency and imposed a penalty. The appellant, claiming to be the authorized representative, filed an appeal which was dismissed by the Commissioner (Appeals) on grounds of non-maintainability.

2. The appellant's representative raised several arguments, including the lack of opportunity for submission of authorization data, failure to provide an option for redeeming the currency, and alleged violation of natural justice. The representative cited relevant legal provisions and case law to support the appeal, emphasizing the importance of authorization in such cases.

3. The Tribunal observed that the Commissioner (Appeals) dismissed the appeal due to the absence of documentary evidence supporting the appellant's claim as the authorized representative. The Tribunal noted the requirement under Customs (Appeals) Rules for proper authorization when an individual is absent from India. It was highlighted that the appellant, being in Bahrain during the relevant time, had the General Power of Attorney holder sign the necessary form.

4. The Tribunal found a denial of natural justice in the dismissal of the appeal without granting an opportunity to produce the power of attorney. As a result, the Tribunal remanded the matter to the Commissioner (Appeals) for a de novo decision. The Commissioner was instructed to provide a personal hearing to the appellant's representative, consider the authorization attested by relevant authorities, and decide the appeal in accordance with the law.

5. The decision was aimed at ensuring procedural fairness and adherence to legal requirements regarding authorization in appeals under the Customs Act. The Tribunal's ruling focused on upholding principles of natural justice and providing the appellant with a proper opportunity to present their case before a decision is made.