9911796707
TMI Blog2000 (5) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellants had not pre-deposited the entire amount of duty demanded, therefore the appeal has been dismissed under Section 129E of the Customs Act. 2. Heard Shri B. Satish Sundar, ld. Advocate who submits that the matter concerns the denial of request for extension of bonded period with regard to the various types of liquors imported by the appellants who are Ship Chandlers. He submits that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is safeguarded. He also submits that on merits he has, prima facie, a very strong case which has not been considered at all by the lower appellate authority. 3. Heard ld. D.R. who submits that the bond period having expired, notice to demand duty under Section 72 was the right of Revenue and therefore the demand confirmed is legally correct and hence the appellants be put to terms. He reitera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court has quashed the Board's Circular No. 459/16/99 dated 30-3-99 which had directed the Commissioner (Appeals) to adjudicate on pre deposits without giving personal hearing. In view of the above judgement of Hon'ble High Court, I find that the lower appellate authority has not ensured observence of principles of natural justice in the matter. I also find that on a prima facie consideration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anded. Since the appeal lies on a short compass, I proceed to consider the appeal itself and in view of the denial of principles of natural justice, I set aside the order impugned and remand the matter to the ld. Commissioner (Appeals) for a de novo consideration without insisting on any pre-deposit of the amounts in view of orders above. Thus the appeal is allowed by way of remand. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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