2010 (8) TMI 418

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....P.S. Jetly, with R.B. Pardeshi, for the Respondent. [Order]. - P.C. : Perused petition. Heard learned Counsel for the parties. 2. This petition, filed under Article 226 of the Constitution of India, is directed against the order dated 12th February, 1998 passed by the Joint Secretary to the Government of India whereby the order passed by the Commissioner of Customs (Appeals) dated....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd that the matter needs to be remitted back to the Revisional Authority for consideration afresh. 4. Mr. Kantawalla, while reiterating the above contention, pointed out the specific contention raised in the written submission filed before the Revisional Authority and demonstrated absence of consideration thereof in the impugned order. 5. Per contra, Mr. Pardeshi, learned Counsel f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... submission by the Revisional Authority, by itself can be a ground to set aside the impugned order. Non consideration of the contention demonstrates not only non-application of mind but omission to consider relevant submission, which results in miscarriage of justice. 7. In the result, impugned order is set aside. The Revision Application is remitted back and restored to the file of the Re....