1999 (1) TMI 108 - Commissioner - Customs

Appeal successful due to procedural fairness violation. Remanded for adherence to natural justice principles.

The appeal was successful as the court found that the order disallowing credit based on invoices issued before the allowed period was passed without ... Adjudication - Jurisdiction Issues:1. Denial of justice and passing of ex parte order.2. Applicability of limitation period for Modvat credit claim.3. Validity of taking credit based on photo-copies of invoices.4. Jurisdictional issues regarding the authority passing the order.5. Observance of principles of natural justice in quasi-judicial proceedings.Detailed Analysis:1. The appeal was against an Order-in-Original disallowing credit taken by the appellants based on invoices issued prior to the allowed period. The appellants claimed denial of justice due to an ex parte order. They argued that a corrigendum to the show cause notice was issued, making it answerable to a different authority than the one who passed the order. The appellants contended that the order was passed without jurisdiction, as they were not informed of the change in authority properly.2. The appellants argued that the limitation of six months did not apply to their Modvat credit claim under Rule 57H. They claimed that the alleged photo-copies were genuine 'Duplicate for Transporter' copies, supported by evidence such as inward gate passes and bills from the transporter. The appellants cited case laws permitting Modvat credit in such situations, emphasizing the authenticity of the invoices.3. The Commissioner considered the submissions and found discrepancies in the issuance of the corrigendum to the show cause notice. Despite requests for clarification, the Assistant Commissioner did not provide a satisfactory response, indicating a lack of proper communication regarding the change in authority. The Commissioner highlighted the importance of adherence to procedural fairness in quasi-judicial proceedings and the need for actions to be within the scope defined by the show cause notice.4. It was emphasized that quasi-judicial powers must be exercised carefully, fairly, and in accordance with the law. The Commissioner noted that actions in quasi-judicial proceedings should strictly adhere to the framework set by the show cause notice. Due to the error in jurisdiction and lack of adherence to natural justice principles, the case was remanded back to the Assistant Commissioner for proper observance of procedural fairness. The Assistant Commissioner was cautioned for the repeated inadequacies in discharging judicial functions.5. The judgment highlighted the significance of ensuring fairness, reasonability, and adherence to legal procedures in quasi-judicial proceedings. The importance of issuing corrigendums for changes in authority and providing fresh opportunities to the accused was underscored. The case was disposed of with a decision to remand it back for proper observance of natural justice principles.