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2016 (2) TMI 576 - DELHI HIGH COURT

2016 (2) TMI 576 - DELHI HIGH COURT - 2016 (332) E.L.T. 408 (Del.) - Undervaluation of import - Demand of differential duty - Appellate remedy - Principle of natural justice - petitioners stated that before they could file their replies, they should be furnished the non-relied upon documents - It is stated that the Adjudicating Authority gets only the relied upon documents from the Investigative Agency i.e. DRI and the Adjudicating Authority is not possessed of the documents demanded by the peti .....

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rashant Srivastava, Advs. For the Respondent : Mr. Satish Kumar, Adv. ORDER CM No.27589/2015 in W.P.(C) No.10742/2105, CM No.27666/2015 in W.P.(C) No.10751/2105, CM No.27714/2015 in W.P.(C) No.10783/2105 & CM No.27797/2015 in W.P.(C) No.10811/2105 (all for exemption): 1. Allowed, subject to just exceptions. 2. The applications are disposed of. W.P.(C) No.10742/2015 & CM No.27588/2015 (for stay), W.P.(C) No.10751/2015 & CM No.27665/2015 (for stay), W.P.(C) No.10783/2015 & CM No.27 .....

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ch. No response was submitted by any of the petitioners thereto. 5. Thereafter, the petitioners received notice of hearing from the Adjudicating Authority namely the respondent, Commissioner of Customs (Import), only in or about December, 2014. In response thereto, the petitioners stated that before they could file their replies, they should be furnished the non-relied upon documents. It is the case of the petitioners that without being furnished copies of the non-relied upon documents, the peti .....

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tate that the documents have not been supplied. Now, the Adjudicating Authority has vide order dated 29th October, 2015 observed that the adjudication proceedings cannot be stalled for non-supply of non-relied upon documents by the DRI and called upon the petitioners to file their replies by 16th November, 2015. The counsel for the petitioners states that replies have not been filed as yet and the petitioners have applied for extension of time on the ground of these petitions. 6. These petitions .....

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ates the procedure prescribed in law for hearing or passes an order in contravention thereof, the remedy provided against the said final order can be availed of. The Supreme Court has repeatedly held that the High Courts in exercise of powers under Article 226 of the Constitution of India should not interfere at the interim stage of the proceedings and which invariably results in delaying the disposal of the proceedings and multiplying the litigation. Reference in this regard can be made to Carl .....

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led to do so. The matter can be looked at from another angle, the order dated 29th October, 2015 of the respondent, Commissioner of Customs (Import) refusing the request of the petitioners and directing the petitioners to file replies is at best an interim order. It is again a settled principle that this Court in exercise of powers under Article 226 will not interfere with interim orders and let the Tribunals over which it exercises supervisory jurisdiction to conclude the proceedings before the .....

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t Corporation MANU/DE/1034/2013: (2013) IV AD (Del) 615 and Eastern Economist Ltd. Vs. Union of India MANU/DE/0090/2015. 8. The counsel for the petitioners states that if the final order is passed without supplying the documents and the same is against the petitioners, the petitioners to prefer an appeal thereagainst would have to deposit 7.5% of the adjudicated duty and which would prejudice the petitioners. 9. That, in law is no ground to entertain petitions at the interim stage of the proceed .....

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