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of <h1>Court dismisses petition challenging Customs Act order, citing lack of evidence and upholds Tribunal decision on natural justice</h1> <h3>KRISHAN KUMAR Versus COMMISSIONER OF CUSTOMS, ROHTAK</h3> KRISHAN KUMAR Versus COMMISSIONER OF CUSTOMS, ROHTAK - 2010 (255) E.L.T. 211 (P & H) Issues:1. Challenge to order dismissing application for waiver of pre-deposit and grant of stay under Section 129E of the Customs Act, 1962.2. Allegation of undue hardship due to pre-deposit requirement.3. Lack of proper opportunity of being heard by the Adjudicating Authority.Analysis:Issue 1:The petitioner challenged the order dismissing the application for waiver of pre-deposit and grant of stay under Section 129E of the Customs Act, 1962. The petitioner contended that pre-deposit of Rs. 10 lacs towards penalty would cause undue hardship, citing financial constraints. However, the Court found no merit in this contention as the application did not provide satisfactory proof of undue hardship. The petitioner failed to plead undue hardship in the application submitted to the Tribunal, which was a necessary requirement for waiver of pre-deposit. Additionally, the statement of account presented by the petitioner was not submitted to the Tribunal to support the alleged financial difficulty. The Tribunal had also concluded that the petitioner was involved in fraudulent activities, further weakening the petitioner's case for waiver.Issue 2:The petitioner argued that they were not given a proper and fair opportunity of being heard by the Adjudicating Authority. This contention was also raised before the Tribunal but was dismissed. The Tribunal had evidence to show that personal hearing intimations were dispatched as required by law, and there was no violation of principles of natural justice. The Court upheld the Tribunal's decision, stating that there was no error in the reasoning provided and found no merit in the petitioner's claim.In conclusion, the Court dismissed the writ petition as it found no merit in the arguments presented by the petitioner regarding the waiver of pre-deposit and the alleged lack of proper opportunity to be heard. The Court upheld the Tribunal's decision and found no grounds to take a different view on the matter.
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