9911796707
|
Home
Issues: Jurisdiction of Commissioner of Customs, Lucknow and Non-supply of essential documents to the appellants.
Jurisdiction of Commissioner of Customs, Lucknow: The case involved the appellants appealing against the order-in-original passed by the Commissioner of Customs, Lucknow, confiscating impugned goods under Section 111(d) of the Customs Act, 1962, and imposing a penalty. The facts revealed that the goods, initially seized by Customs officers at Kanpur, were claimed by the present appellants as kutch finish batti cleared through LCS Bairgania from Nepal. The appellants argued that since the goods were cleared without objection by the Patna Commissionerate, the Commissioner of Customs, Lucknow lacked jurisdiction to try the case. The appellants contended that the Commissioner should have recorded findings on jurisdiction, citing a Supreme Court judgment emphasizing the importance of jurisdiction in adjudication proceedings. The Tribunal found merit in this argument, highlighting that the issue of jurisdiction is fundamental and the Commissioner failed to address it, leading to the conclusion that the impugned order lacked legal sustainability. The Tribunal set aside the order and remanded the matter to the Commissioner for a fresh decision in accordance with law. Non-supply of essential documents to the appellants: Another contention raised by the appellants was the non-supply of the report of the Public Analyst, trade opinions, and panchanamas, which formed the basis of the impugned order. The appellants argued that the failure to provide these vital documents resulted in a miscarriage of justice. The Tribunal agreed with this contention, stating that there was no evidence to suggest that these crucial documents were supplied to the appellants. The absence of providing these documents to the appellants undermined the fairness of the adjudication process and led to the decision to set aside the impugned order. Consequently, the Tribunal accepted the appeal, directing the Commissioner to re-examine the case with the necessary documents in hand for a fair and lawful decision. The goods were ordered to remain in the custody of Customs authorities until the case's final disposal.
|
