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2018 (9) TMI 51 - HC - CustomsCommunication/ orders dated 18th October, 2016 and 2nd November, 2016 - case of petitioner is that there is a defect/ flaw in the decision making process adopted by the Commission. This in view of the fact that the Commission did not hear the Petitioners in respect of its contention that the order dated 22nd April, 2016, has been complied with and yet rejected it - Held that:- The impugned order dated 18th October, 2016, informing the Petitioner that its application for settlement stands rejected in view of the order dated 22nd April, 2017 of the Commission, is without taking into account the letter dated 22nd June, 2016 addressed by the office of the Commission to the Petitioner, directing them to deposit interest immediately. Petitioner, in compliance thereof paid the interest. These were issues which required the Commission to hear the Petitioner, before holding/ communicating that there is non-compliance with the order dated 22nd April, 2016. In fact, miscellaneous application dated 25th October, 2016 to recall/reconsider the communication dated 18th October, 2018 was also rejected on 2nd November, 2016 without any hearing or taking into account the events subsequent to 22nd April, 2016, particularly, the letter dated 22nd June, 2018 of the Commission. Thus, there is undisputedly a flaw in the decision making process. The Commission is entitled to come to a view that the Petitioner has not complied with the order dated 22nd April, 2016 within the time frame provided therein and there is no justification for extension of time - the orders/ communications dated 18th October, 2016 and 2nd November, 2016 from the office of the Commission set aside - the Commission is directed to hear that Petitioner on its plea that the order dated 22nd April, 2016 passed by the Commission, has been complied with and pass appropriate order thereon, in accordance with law. Appeal allowed by way of remand.
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