2007 (11) TMI 307 - HC - Customs

Violation of Natural justice - withdrawal of the certificate for entitlement of exemptions under Customs Notification No. 64/88-Cus. dated 1-3-1988 - Held that - The respondent has neither committed any illegality nor given a go by to the procedures nor can it be accepted that they are orders passed without according opportunity to the petitioner. This apart the proceedings on the determination of duty liability having attained finality there is no point in examining such matters and when there is no justifiable reason for the same. W.P. dismissed.

Summary

Issues:
1. Withdrawal of certificate for entitlement of exemptions under Customs Notification No. 64/88-Cus.
2. Dismissal of appeal by the Appellate Tribunal due to non-fulfillment of pre-deposit requirement.
3. Legality of the order cancelling the certificate.
4. Review of subsequent order declining to review the earlier order.
5. Quashing of the first order withdrawing the certificate and the subsequent order declining the review.

Analysis:
1. The judgment addresses the withdrawal of the certificate for entitlement of exemptions under Customs Notification No. 64/88-Cus. The petitioner, a Research Institute, imported hospital equipment under certain conditions. The Directorate General of Health Services issued notices to ensure compliance with the conditions. The petitioner did not respond, leading to the withdrawal of the certificate and a demand for duty payment. The petitioner's appeal was dismissed due to non-deposit, prompting a writ petition challenging the withdrawal.

2. The dismissal of the appeal by the Appellate Tribunal due to non-fulfillment of pre-deposit requirement was a key issue. The petitioner contended that the Tribunal erred in rejecting the appeal. However, the High Court observed that the petitioner did not challenge the legality of the order withdrawing the certificate. The Court permitted the petitioner to withdraw the petition but reserved the right to question the legality of the earlier order and subsequent review order.

3. The legality of the order cancelling the certificate was a crucial aspect of the case. The petitioner argued that the order was passed without proper opportunity and violated natural justice principles. The Court examined the correspondence and found that the petitioner's response did not adequately address the compliance conditions. The Court concluded that the order was not a violation of natural justice principles.

4. Regarding the review of the subsequent order declining to review the earlier order, the petitioner sought relief by challenging the delay in the department's response. The Court analyzed the reasons for the delay and found that the department's decision was based on factual and legal positions established by the Supreme Court's precedent. The Court determined that the orders were lawful and did not violate procedural requirements.

5. The final issue involved the quashing of the first order withdrawing the certificate and the subsequent order declining the review. The Court dismissed the writ petition after examining the legality of both orders. It found no illegality, procedural lapses, or lack of opportunity provided to the petitioner. The Court emphasized that the duty liability determination had concluded, rendering further examination unnecessary without justifiable reasons.