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        Case ID :
        Customs

        The HC held that the impugned order was vitiated by violation of...

        Order set aside for ignoring petitioner's reply; three personal hearings must follow CBIC Circular rules

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The HC held that the impugned order was vitiated by violation of natural justice, as the respondent failed to comply with the CBIC Circular mandating three personal hearings with sufficient intervals and separate notices for each. The petitioner's reply dated 18.05.2024, which contested the classification, was improperly disregarded despite being received well before the order dated 17.10.2024. The respondent erroneously stated no reply was received, indicating non-application of mind. Consequently, the HC set aside the impugned order and remanded the matter for fresh adjudication on merits, directing the respondent to conduct three personal hearings in compliance with the Circular and principles of natural justice within a timeframe fixed by the Court. The petition was allowed accordingly.
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