2002 (8) TMI 127 - HC - Customs

Summary

Issues: Challenge to customs duty assessment order without opportunity of personal hearing, Violation of principles of natural justice by Deputy Commissioner of Customs

Analysis:
1. The petitioners, a partnership firm engaged in ship breaking, challenged the order dated 30-3-2001 passed by the Deputy Commissioner of Customs without being granted an opportunity of personal hearing. The assessment was provisional, and final assessment orders were made without issuing any show cause notice or providing a chance for a personal hearing.

2. The Commissioner of Customs (Appeals) allowed the appeals filed by the petitioners and remanded the matters to the adjudicating authority, emphasizing the importance of providing an opportunity for the appellants to represent their case and the need to follow the principles of natural justice. The lower authority was directed to consider the submissions made by the appellants and pass reasoned orders in accordance with the law after hearing them.

3. Despite the remand order, the Deputy Commissioner of Customs did not furnish the petitioners with the grounds and documents relied upon by the department before finalizing the assessment. The petitioners repeatedly requested this information, but their requests were not accepted. The impugned order was passed without providing the necessary documents, in violation of the principles of natural justice.

4. The High Court acknowledged that while the petitioners had an alternative statutory remedy available, the violation of principles of natural justice was a significant factor. Referring to the legal position established in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai, the Court held that the availability of an alternative remedy does not bar the jurisdiction of the Court under Article 226 of the Constitution, particularly in cases involving a breach of natural justice.

5. Consequently, the High Court allowed the petition, set aside the impugned order, and directed the Deputy Commissioner of Customs to hear the matter afresh after providing the petitioners with copies of the documents referred to in the remand order of the Commissioner (Appeals). The Deputy Commissioner was instructed to grant the petitioners an opportunity of personal hearing and decide the matter in accordance with the law within a specified timeframe.

6. The Court made the rule absolute to the extent mentioned, without imposing any costs on the parties involved. The judgment emphasized the importance of adhering to principles of natural justice and ensuring a fair opportunity for parties to present their case in customs duty assessment proceedings.