2008 (7) TMI 371 - AT - Customs

Relied Upon Documents (RUD) Non supply of violation of natural justice - Appellants have made out a case of violation of the principles of natural justice - The Department s case is entirely based on the documents - The goods were exported and are no longer available - The appellants from inception called upon the Department to supply the said documents for preparing their defence. It would appear that their pleas fell on deaf ears. - It is well settled that even if a particular document is not relied upon by the Department it must be supplied to the assessee if he requires the same to prepare its reply matter remanded penalty set aside.

Summary

Issues:
Violation of principles of natural justice in adjudication process.

Analysis:
The case involved stay petitions filed by the Directors of a company against an Order-in-Original passed by the Commissioner of Customs. The Tribunal noted that the impugned order was passed in violation of the principles of natural justice. The appellants were required to show cause regarding alleged fraudulent means in obtaining bond waiver and transferability of advance licenses. The Commissioner imposed duties, fines, and penalties on the company and its directors. The appellants raised concerns about the non-supply of crucial documents on which the charges were based. Despite repeated requests for the documents, the Department did not provide them, leading to a lack of opportunity for the appellants to prepare their defense adequately.

The Tribunal found that the Department's case heavily relied on documents, and the appellants were justified in requesting these documents for their defense. It was emphasized that even if a document is not directly relied upon by the Department, it must be supplied to the assessee if requested. The Tribunal also noted the unexplained delay of seven years in the adjudication process, during which no hearings were scheduled. The appellants consistently pressed for the supply of documents, indicating their willingness to cooperate.

As a result of the violation of natural justice principles and the lack of document supply, the Tribunal set aside the penalty imposed on the appellants and remanded the case for a fresh adjudication. The Commissioner was directed to ensure the supply of all documents, grant a personal hearing, and allow the appellants to file replies promptly. The appeals were allowed by way of remand, emphasizing the importance of fair procedures and document disclosure in adjudication processes.