1999 (4) TMI 177 - AT - Customs

Summary

Issues:
Violation of principles of natural justice in passing an order without granting a personal hearing or issuing a show cause notice.

Analysis:
The case involved an appeal arising from an Order-in-Appeal confirming a penalty imposed on the appellant for possessing seized foreign marked gold biscuits and concealing them. The appellant contested that the order was passed without issuing a show cause notice or granting a personal hearing. The Additional Commissioner had confiscated the gold biscuits without providing a hearing based on a letter from the appellant requesting waiver of the notice and hearing. The Commissioner (Appeals) upheld this decision, stating that the appellant had waived the right to a hearing.

The appellant argued that the letter waiving the notice and hearing was obtained under duress, and a subsequent letter requested a show cause notice and personal hearing. The appellant highlighted that the authorities failed to issue a show cause notice, provide copies of relevant documents, or consider the request for re-export. The appellant contended that without a proper hearing, the orders were unjust and violated natural justice principles.

Upon review, the Tribunal found that the appellant's second letter clearly requested a personal hearing and copies of relevant documents, indicating a desire for procedural fairness. The Tribunal noted that the initial letter waiving the notice and hearing was obtained under duress. It concluded that there was a violation of natural justice as the appellant was not given an opportunity for a personal hearing or provided with essential documents. Therefore, the Tribunal set aside the impugned orders and remanded the matter to the Additional Commissioner to proceed afresh following the principles of natural justice.

In summary, the Tribunal found that the appellant was entitled to a fair hearing and access to relevant documents, which were denied in the initial proceedings. The failure to provide these basic procedural rights constituted a violation of natural justice, leading to the decision to remand the case for a rehearing with proper adherence to legal principles.