2017 (1) TMI 1563 - AT - Customs

Penalty - principles of Natural Justice - Held that - the appellant had sought cross-examination and is identically placed with Shri Ramesh Govindbhai Patel and Shri Mukesh Jayantilal Patel - by not complying the provision of Section 138(b) (l)(b) the principle of natural justice has been violated - penalty set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
Imposition of penalty under proceedings against multiple individuals, obligation to provide cross-examination of witnesses, violation of principle of natural justice, remand for fresh de novo adjudication.

Analysis:
The appeal was filed against the imposition of penalty under proceedings involving multiple individuals. In a previous matter concerning two individuals, the Tribunal had set aside the penalty order and remanded the case back to the adjudicating authority. The Tribunal emphasized the importance of providing cross-examination of witnesses as requested by the appellants, citing the mandatory nature of this procedure under Section 138(1)(b). Referring to a judgment by the Supreme Court, the Tribunal highlighted that failure to allow cross-examination violates the principle of natural justice. Consequently, the Tribunal concluded that the matter should be remanded for fresh de novo adjudication to ensure compliance with the provisions of Section 138(b). The appeal in question was allowed, and the penalty imposition was set aside based on the same grounds as the earlier order.

The Tribunal noted that the appellant had requested cross-examination, similar to the previous case involving other individuals. As a result, the appeal was allowed, and the penalty imposition was overturned. The matter was remanded for the same reasons as outlined in the previous order, emphasizing the importance of upholding the principles of natural justice and ensuring procedural fairness in adjudicatory processes. The appeal was disposed of accordingly, with the decision pronounced in court on a specific date.