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of <h1>High Court restores procedural fairness in drawback claim case, emphasizes right to present case and participate</h1> <h3>GODREJ SARA LEE LTD. Versus COMMISSIONER OF C. EX., PONDICHERRY</h3> The High Court set aside the order denying the drawback claim on the diffuser in mosquito repellant machines, emphasizing procedural fairness. The Court ... Show cause notice - Scope of - Drawback Issues:Claim of drawback on diffuser in mosquito repellant machines under Customs Act, 1962.Analysis:The judgment revolves around the claim of drawback on the diffuser used in mosquito repellant machines under Section 75 of the Customs Act, 1962. The Joint Commissioner of Central Excise passed an order stating that the diffuser fixed in the petitioner's machines is not eligible for drawback claim. The petitioner, a manufacturer of mosquito repellants, argued that the diffuser is an integral part of the repellant and should not be separated for the purpose of denying the drawback claim as per the Customs and Central Excise Duties Drawback Rules, 1995.The petitioner contended that they were not given a fair opportunity to represent their case before the impugned order was passed. The Senior Counsel argued that the order prejudged the issue by denying the claim before allowing the petitioner to provide explanations or attend a personal hearing. On the other hand, the Additional Solicitor General acknowledged that the notice issued should have been a show cause notice, allowing the petitioner to submit explanations and participate in the enquiry.The High Court held that the notice dated 26-12-2006 should be treated as a show cause notice, giving the petitioner the right to explain and participate in the enquiry. The Court emphasized that the impugned order dated 29-12-2006 should be set aside, as it would amount to prejudging the issue. The judgment confirmed the order of the single Judge with modifications, directing the petitioner to submit a detailed explanation within two weeks and allowing for a personal hearing. The impugned order was overturned, and the proceedings were to be conducted in accordance with the law.In conclusion, the High Court's judgment clarified the procedural irregularities in the case, ensuring that the petitioner's right to present their case and participate in the enquiry was upheld. The impugned order denying the drawback claim on the diffuser was set aside, emphasizing the importance of fair proceedings and adherence to legal principles in customs matters.
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