1951 (4) TMI 1 - HC - Customs

Court upholds principles of natural justice in customs matter, quashes duties & penalties

The court found a violation of principles of natural justice and Audi Alterem Partem in a customs matter involving a contract for the purchase of spindle ... Natural Justice Issues:Violation of principles of natural justice and Audi Alterem Partem in customs matter.Analysis:The petitioner entered into a contract for the purchase of 1000 drums of spindle oil with Bunge Corporation, New York. After the goods were imported and cleared from Customs, a Memorandum to show cause was served on the petitioner one year later, without specifying time or place. The petitioner requested a copy of the report of the chemical analysis to verify its correctness and asked for a representative sample for independent analysis. However, the Customs Authorities did not respond to the letter or provide the requested information, leading to the imposition of extra duty and a personal penalty without giving the petitioner an opportunity to challenge the findings.The respondent argued that the petitioner did not seriously want a hearing based on the tone of their letter, justifying the lack of response from Customs Authorities. However, it was revealed that Customs Authorities did not have a consistent practice of providing hearings in such matters, raising concerns about fair dealing and consistency in the administrative machinery. The judge unequivocally stated that there was a total disregard for the principles of Audi Alterem Partem and a clear violation of natural justice in this case.Drawing on previous judgments, the judge concluded that the petition should succeed based on the established principles. The decision and order imposing duties and penalties were quashed, and the petitioner was awarded costs for the proceedings. This ruling emphasized the importance of upholding principles of natural justice and ensuring fair treatment in administrative proceedings to maintain the integrity of the system.