Home Case Index All Cases Customs Customs + HC Customs - 2020 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 194 - DELHI HIGH COURTMaintainability of petition - appealable order or not - Section 129-A of the Customs Act, 1962 - sufficient opportunity of hearing not provided - principles of Natural Justice - HELD THAT:- The petition appears to involve highly disputed question of fact regarding the service of the notice of personal hearing to the petitioner. It is alleged by the petitioner that no notice of hearing was given whereas it is alleged by the respondents that adequate chances were given to the petitioner to reply to the show cause notice as well as to avail the opportunity of being heard by the respondent-authorities who had passed the Order-in-Original. We are not inclined to pass any order or direction or writ in the present writ petition upon the respondents. The Tribunal is the final fact finding authority. The Appellate Tribunal in this case is CESTAT, under Section 129-A of the Customs Act, 1962. The petitioner is permitted to prefer an appeal under the Customs Act, 1962 against the Order-in-Original dated 30th June, 2020 (Annexure P-7) which is under challenge in this writ petition and raise all the points which are agitated in this writ petition as well as to agitate all the grounds on the merits of the case as well - Petition dismissed.
|