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of <h1>Tribunal remands case for reconsideration due to procedural error, emphasizing fairness and due process.</h1> <h3>COMMISSIONER OF CUSTOMS, BANGALORE Versus UNITED AUTOMOBILE</h3> COMMISSIONER OF CUSTOMS, BANGALORE Versus UNITED AUTOMOBILE - 1999 (105) E.L.T. 663 (Tribunal) Issues: Rectification of mistake in the final order, non-receipt of notice of hearing by the respondents, confirmation of fine and penalty in the importer's appeal, mistake in the record regarding the Revenue's appeal, consideration of ex parte order, recall of Final Order No. 2623/96, dismissal of Revenue appeal due to already confirmed fine and penalty.Rectification of Mistake in Final Order: The judgment pertains to an application for rectification of mistake arising from Final Order No. 2623/96, which enhanced the assessable value of diesel engines and imposed penalties under various sections of the Customs Act, 1962. The Tribunal remanded the case for de novo consideration to refix the fine and penalty, leading to a dispute regarding the non-receipt of notice of hearing by the respondents, resulting in an ex parte order. The Tribunal recalled Final Order No. 2623/96 based on the merits of the rectification application, acknowledging the mistake in the record.Confirmation of Fine and Penalty in Importer's Appeal: The judgment highlights that the fine and penalty imposed in the original order against the importer were confirmed in a previous appeal, Final Order No. 821/1994, where both parties were heard, and the appeal was dismissed. This confirmation raised the question of the necessity to enhance penalties in the Revenue's appeal, leading to the dismissal of the Revenue appeal as the Tribunal had already upheld the fines and penalties imposed in the matter.Mistake in Record Regarding Revenue's Appeal: The judgment elucidates that the Revenue's appeal was not listed alongside the importer's appeal, resulting in a separate hearing where the respondents were not present despite notice. This procedural error led to the remand of the Revenue's appeal, which was deemed unnecessary due to the prior confirmation of fines and penalties in the importer's appeal. The Tribunal recognized the apparent mistake on record and recalled Final Order No. 2623/96, emphasizing the importance of due process and fair hearing.Consideration of Ex Parte Order: The respondents contended that the non-receipt of the notice of hearing prevented them from presenting their case, highlighting the significance of procedural fairness and the right to be heard. The Tribunal acknowledged the validity of this argument, emphasizing the need for all parties to have an opportunity to present their arguments before a decision is made.Recall of Final Order and Dismissal of Revenue Appeal: Ultimately, the Tribunal recalled Final Order No. 2623/96 based on the merits of the rectification application and the procedural errors identified in the record. The dismissal of the Revenue appeal stemmed from the Tribunal's prior confirmation of fines and penalties in the importer's appeal, rendering the enhancement of penalties unnecessary. This comprehensive analysis underscores the importance of procedural regularity, fair hearings, and the adherence to legal principles in rendering judgments.
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