1990 (9) TMI 194 - AT - Customs

Summary

Issues:
- Imposition of penalty under Section 112 of the Customs Act, 1962
- Violation of principles of natural justice in passing the order without personal hearing
- Failure to reply to appellant's request for documents

Analysis:

The appellant challenged the imposition of a penalty of Rs. 1 lakh under Section 112 of the Customs Act, 1962, by the Additional Collector of Customs. The appellant contended that the order was passed without providing copies of necessary documents requested in a letter dated 6th April, 1989, and without granting an opportunity for a personal hearing. The appellant argued that this violated the principles of natural justice. The JDR representing the respondent acknowledged that there was no evidence of a personal hearing being afforded to the appellant.

Upon hearing both parties, the tribunal observed that the appellant had established a strong prima facie case in their favor. Consequently, the tribunal waived the requirement for the pre-deposit of the penalty amount. It was noted that the impugned order was issued without granting a personal hearing to the appellant, and the department failed to respond to the appellant's request for documents in the letter dated 6th April, 1989. The tribunal found that the Additional Collector had not considered the appellant's letter or provided reasons for not responding to it, thereby violating the principles of natural justice.

As a result, the tribunal set aside the impugned order and allowed the appeal by way of remand specifically for the appellant. The matter was remanded to the Additional Collector of Customs (Preventive), I.N.B. Lucknow, with directions to consider the appellant's reply, furnish the requested documents, or reject the request with reasons. The Additional Collector was instructed to adjudicate the matter afresh, providing the appellant with an opportunity for a personal hearing and ensuring compliance with the principles of natural justice. The tribunal emphasized the importance of due process and fair treatment in administrative proceedings.