AI Structured Summary
Not yet generated for this judgment
Judgment
Adarsh Kumar Goel, J.—This petition seeks quashing of order dated 27.7.2010, Annexure P-4, passed by the Settlement Commission under the provisions of the Customs Act, 1962 and Order-in-original dated 4.3.2010, Annexure P-5, passed by Additional Commissioner of Customs, Respondent No. 2.
Contention raised in the petition is that the Order-in-Original was passed without serving the Petitioner and if the said order is set aside, the Petitioner may be entitled to its take remedies before the Settlement Commission. Reliance has been placed on order of this Court dated October 11, 2010 in C.W.P. No. 17506 of 2010 Gagan Steels Sales v. Union of India and Ors. wherein in identical circumstances, following earlier judgment of this Court in Sonia Overseas (P) Ltd. v. Union of India 2009 (241) ELT 38, Order-in-Original was set aside on the ground that the same was passed in violation of principles of natural justice.
Learned Counsel for the Respondents is unable to dispute the applicability of earlier order of this Court to the present case.
Accordingly, this petition is allowed. The impugned order dated 4.3.2010, Annexure P-5, is set aside without prejudice to a fresh order being passed in accordance with law.
The petition is disposed of.