Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Order imposing penalties under s.112(a) and (b) Customs Act quashed for breach of audi alteram partem, remitted for fresh adjudication

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC held that the order imposing penalties under s.112(a) & (b) of the Customs Act must be quashed insofar as the petitioners, finding a breach of audi alteram partem principles because the adjudicating authority reproduced the show-cause notice verbatim and failed to furnish independent reasons rejecting the petitioners' written replies. The court noted undisputedly that no contraband was seized from the petitioners and only from a third party. In the interest of justice the HC allowed the petitions by remitting the matters to the first respondent for fresh adjudication on merits, with directions to consider the petitioners' submissions and to record adequate, independent reasons in accordance with law.....