Natural justice in production capacity assessment required a hearing where authorities used different data and an incorrect formula.

Natural justice required a personal hearing before reassessing annual production capacity, especially where the authorities relied on data different from that furnished by the appellant and did not apply the prescribed formula under the relevant rules. The matter was remanded to the Commissioner for reconsideration after granting a hearing and for passing fresh orders in accordance with law.

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Issues: Whether the matter required remand for violation of natural justice and non-consideration of the data and formula adopted for determining annual production capacity.

Analysis: The appellant had specifically sought a personal hearing, yet the case was decided without hearing it. The necessity of hearing was greater because the authorities below proceeded on data different from that furnished by the appellant and did not adopt the formula prescribed in the relevant rules. In these circumstances, the matter warranted reconsideration after giving an opportunity to present the case.

Conclusion: The matter was remanded to the Commissioner with a direction to afford the appellant an opportunity of hearing and to pass fresh orders in accordance with law.

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