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Customs - Highlights / Catch Notes

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Violation of principles of natural justice - There is no reason ...


Court Restores Case for Reconsideration Due to Unfair Hearing; Some Noticees Denied Personal Hearing Opportunity.

March 7, 2022

Case Laws     Customs     AT

Violation of principles of natural justice - There is no reason in the Order-in-Appeal for distinct decision given for Noticee No.1 while denying the same opportunity of personal hearing to the remaining noticees including the present appellant. In the given circumstances and in the interest of justice, appellant’s case along with that of Noticee No. 3 & 4 is on much better footings as there is apparent admission that notice could not be delivered upon him and the same was received back undelivered. - As per principles of Audi Alteram Partam, the first principles of natural justice which requires that none should be condoned unheard - Matter restored back - AT

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