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Customs - Highlights / Catch Notes

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Adjudicating authority violated principles of natural justice by ...


Exporter Vindicated: Arbitrary Recovery Order Quashed for Lack of Proper Probe into Alleged Forgery.

Case Laws     Customs

August 30, 2024

Adjudicating authority violated principles of natural justice by failing to consider petitioner's submissions and passing a non-speaking order simply stating recovery was made, without conducting proper investigation or tracing full truth. Court held petitioner did not admit liability, paid amounts under pressure to fulfill export order due to alert on IEC. Incomplete investigation and lack of evidence made it unjustified to confirm charges against petitioner. Impugned order set aside. Respondent directed to investigate how forged scrip was registered, re-registered license used by two importers, why parties not summoned or verification done, and ascertain truth. Petition disposed.

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