9911796707
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Issues:
- Jurisdiction of the Collector of Customs to impose a fine under Section 125 of the Customs Act, 1962. - Legality of the order of adjudication by the Collector of Customs. - Correctness of the let export order given by the proper officer. - Application of Section 129D(2) of the Act in the present case. - Compliance with the standards specified by the Indian Standards Institution in IS: 8170/79 for finished leather goods. Analysis: 1. Jurisdiction of the Collector of Customs: The appeal challenged the order of the Collector of Customs imposing a fine of Rs. 20,000 under Section 125 of the Customs Act, 1962. The appellant contended that the order was not legally tenable as it was based on a re-examination of the goods after a let export order was given by the proper officer. The appellant argued that the correctness of the let export order could only be questioned through a review by the Collector of Customs under Section 129D(2) of the Act. 2. Legality of the Order of Adjudication: The appellant argued that the let export order given by the proper officer was an order of adjudication under Section 51 of the Act. The order permitted clearance and loading of the goods for exportation after confirming that the goods were not prohibited and no duty was payable. The Tribunal held that the impugned order by the Collector of Customs was without jurisdiction as it was not reviewed under Section 129D(2) and was not legally sustainable. 3. Correctness of the Let Export Order: The let export order issued by the proper officer was considered an order of adjudication made in exercise of quasi-judicial power. The Tribunal emphasized that the Collector of Customs could only interfere with such orders through the review process outlined in Section 129D(2). Since the Collector did not exercise such review powers in this case, the impugned order was deemed without jurisdiction and legally unsustainable. 4. Application of Section 129D(2) of the Act: The Tribunal noted that the Collector of Customs did not utilize the review powers under Section 129D(2) to examine the let export order issued by the proper officer. The failure to follow the prescribed review process rendered the impugned order legally unsustainable, leading to the decision to set aside the order and allow the appeal. 5. Compliance with IS: 8170/79 Standards: The appellant contended that the goods in question met the standards specified by the Indian Standards Institution in IS: 8170/79 for finished leather goods. Despite doubts among Customs authorities and a referral to an expert opinion, the appellant argued that the goods had undergone all specified processes. The Tribunal did not delve into the specifics of compliance but focused on the procedural irregularities in the adjudication process. In conclusion, the Tribunal found that the impugned order of the Collector of Customs was without jurisdiction and legally unsustainable due to the failure to follow the review process outlined in Section 129D(2) of the Customs Act, 1962. The decision was based on the principles of quasi-judicial power exercised by the proper officer and the necessity for adherence to statutory procedures in adjudicating matters related to customs clearance and exportation.
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