2005 (4) TMI 8 - HC - Customs

Tribunal directed the assessee to pre-deposit 50% of the penalty amount tribunal has not given any reasons in support of the conclusion recorded in the impugned order - Non-recording of reasons itself is a breach of principles of natural justice - impugned order is unsustainable -matter be remanded back to the Tribunal for consideration afresh following principles of natural justice

Summary

The High Court Bombay quashed and set aside an order by the Customs, Excise & Service Tax Appellate Tribunal directing a petitioner to pre-deposit 50% of the penalty amount. The court found the order unsustainable due to lack of reasons, breaching principles of natural justice. The matter was remanded back to the Tribunal for reconsideration.