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of <h1>High Court dismisses challenge to Customs Tribunal order, stresses statutory remedy under Customs Act.</h1> <h3>Commissioner Of Customs Versus Kirit Maganlal And Co And 4</h3> The High Court rejected the petition challenging the order of the Customs, Excise & Service Tax Appellate Tribunal, emphasizing the availability of an ... - Issues:Challenge to order of Customs, Excise & Service Tax Appellate Tribunal under Article 227 of the Constitution of India. Questions of jurisdictional error by Tribunal, consideration of new documents, and finding on gold bars.Analysis:1. The petition challenged the order of Customs, Excise & Service Tax Appellate Tribunal, West Zone Bench, dated 30th June 2004, under Article 227 of the Constitution. The petitioner raised important questions of law regarding jurisdictional errors by the Tribunal, including proceeding with the appeal of respondents while petitioner's appeal was pending, considering new documents not part of the investigation, and making findings on gold bars not of foreign mark.2. The High Court noted that the order was appealable under the Customs Act, 1962, and thus, the petition was required to be summarily rejected due to the availability of a statutory alternative remedy. However, the petitioner's counsel made elaborate submissions on the raised issues. Regarding the jurisdictional error in hearing only the respondent's appeal, the Court rejected the contention, emphasizing the timelines for filing appeals and the duty of parties to bring relevant information to the Tribunal's notice.3. The Court further explained that the petitioner's failure to point out the filing of their appeal during the Tribunal hearing precluded them from alleging jurisdictional error. The Court highlighted the importance of parties being vigilant about their rights in legal proceedings. The issues raised about new documents were dismissed due to lack of evidence and failure to establish whether the documents were part of the original record.4. The Court clarified that questions about documents and additional evidence admitted by the Tribunal are matters of fact requiring evidence and are beyond the scope of the present proceedings. The petitioner's argument on a particular defense not being raised was deemed as a potential mistake apparent on record, which could be rectified by the Tribunal.5. Ultimately, the High Court concluded that it could not entertain the petition on any grounds raised. The scope of intervention under Article 227 is limited to jurisdictional matters, and the Court found no basis to interfere with the Tribunal's order. The Court reiterated that even if it could reach a different conclusion, it was not sufficient to overturn the Tribunal's findings of fact.6. Therefore, the petition was rejected based on the established legal principles and the lack of grounds for the High Court to intervene in the Tribunal's decision. The judgment highlighted the importance of parties fulfilling their obligations in legal proceedings and the limited scope of judicial review under Article 227 of the Constitution.
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