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of <h1>Appellate Tribunal emphasizes procedural fairness and cross-examination in customs adjudication.</h1> <h3>MANJUSHREE MINERALS Versus COLLECTOR OF CUSTOMS, CALCUTTA</h3> MANJUSHREE MINERALS Versus COLLECTOR OF CUSTOMS, CALCUTTA - 1995 (78) E.L.T. 313 (Tribunal) Issues:Validity of import license and customs duty assessmentViolation of principle of natural justice in the impugned orderAllegations of forgery in the list appended to the import licenseNeed for perusal of original list for fairness and natural justiceValidity of import license and customs duty assessment:The appeals were filed against an order confiscating Diesel Engines imported under the Customs Act, 1962, alleging fraudulent amendment of the import license. The appellants challenged the validity of the import license and the customs duty assessment. The charge of misrepresentation regarding emergency spares was dropped, focusing on forgery related to the expression 'with or without gears' in the license list. The appellants argued against the sustainability of the valuation adopted by the department for customs duty assessment.Violation of principle of natural justice in the impugned order:The appellants contended that the impugned order violated the principle of natural justice. They highlighted the lack of opportunity for cross-examination of a key witness, Shri Basu, an officer of Calcutta State Transport Corporation. Despite the appellants' request for cross-examination, Basu was not made available, leading to a finding in the impugned order based on his statement. The appellants emphasized the importance of procedural fairness and the right to cross-examine witnesses for a fair adjudication process.Allegations of forgery in the list appended to the import license:The impugned order found that the list appended to the import license was forged, specifically regarding the entry 'with or without gear boxes.' The appellants argued that the original list allegedly containing the forged entry was not made available for their perusal. They emphasized the seriousness of the charge of forgery and the necessity for access to the original list to defend against the allegations. The lack of opportunity to examine the original list was highlighted as a procedural flaw affecting the sustainability of the impugned order.Need for perusal of original list for fairness and natural justice:The appellants raised concerns about the fairness of the proceedings due to the unavailability of the original list for perusal. They pointed out that without access to the original list and the opportunity to explain it through cross-examination or other means, the impugned order could not be considered sustainable. Emphasizing the principles of natural justice and procedural fairness, the appellants argued for the necessity of examining the original list to ensure a just and transparent adjudication process.In conclusion, the Appellate Tribunal set aside the impugned orders and remitted the appeals for reconsideration by the original authorities. The Tribunal directed that the appellants be afforded a reasonable opportunity for cross-examination and emphasized the importance of both sides presenting relevant evidence for a lawful decision-making process. The judgment underscored the significance of procedural fairness, access to original documents, and adherence to principles of natural justice in customs adjudication proceedings.
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