2008 (11) TMI 78 - HC - Customs

Hospital equipment - Non-fulfilment of the post-importation conditions set out in the Notification No. 64/88-Cus. - By a letter the Deputy Director General (Medical) from the Directorate General of Health Services (DGHS) cancelled Customs Duty Exemption Certificate (CDEC) issued to the petitioners held that since exemption certificate is withdrawn by letter without issuance of SCN; there is violation of principle of natural justice impugned order of canceling the certificate is set aside

Summary

Issues:
Challenge to order cancelling Customs Duty Exemption Certificate (CDEC) issued to petitioners in 1992-93 under Notification No. 64/88-Cus.; Violation of post-importation conditions set out in Notification No. 64/88-Cus.; Principles of natural justice in passing the impugned order.

Analysis:

Issue 1: Challenge to order cancelling CDEC
The petitioners, a Charitable Trust running a hospital, sought to import hospital equipment duty-free under Notification No. 64/88-Cus. The Directorate General of Health Services issued CDECs based on recommendations from the State Government. The Deputy Director General (M) later sought information on post-importation conditions, and upon review, cancelled the CDEC citing non-compliance. The petitioners challenged this order, arguing a violation of natural justice principles as no show cause notice was issued.

Issue 2: Violation of post-importation conditions
The respondents contended that the petitioners failed to fulfill post-importation conditions, justifying the cancellation of the CDEC. The Customs Authorities had previously adjudicated non-compliance with these conditions, which was upheld by the Court. The petitioners argued that no violation occurred and relied on previous judgments to support their case. The Court found that the impugned order lacked a proper show cause notice and violated natural justice principles.

Issue 3: Principles of natural justice
The Court emphasized the importance of affording individuals a fair opportunity to defend their case before taking adverse actions. Citing a previous Division Bench judgment, it held that the communication seeking information did not constitute a show cause notice. The Court ruled that the order cancelling the CDEC was passed in breach of natural justice principles and quashed it. The respondents were given the option to issue a show cause notice and pass an appropriate order following due process.

In conclusion, the High Court quashed the order cancelling the CDEC due to procedural irregularities and emphasized the significance of adhering to principles of natural justice in administrative actions. The judgment underscored the need for fair procedures and the right to be heard before adverse decisions are made, ensuring a just and transparent process in such matters.