Delhi High Court - Orders
Narender Yadav vs Joint Commissioner Of Customs ... on 11 January, 2019
Author: S. Ravindra Bhat
Bench: S. Ravindra Bhat, Prateek Jalan
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 195/2019, C.M.APPL.947-948/2019
NARENDER YADAV ..... Petitioner
Through : Ms. Shikha Sapra, Sh. Piyush Kumar
and Ms. Ria Chanda, Advocates.
versus
JOINT COMMISSIONER OF CUSTOMS (EXPORTS)
..... Respondent
Through : Sh. Harpreet Singh, Sr. Standing
Counsel.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 11.01.2019 Issue notice. Sh. Harpreet Singh, Sr. Standing Counsel accepts notice.
The petitioner's grievance is that as H-Card holder, imposition of over `3.8 crores penalty in the overall circumstances of the case, given that the Order-in-Original did not record any specific adverse finding against him, is unwarranted. The petitioner, therefore, seeks a direction that the requirement of pre-deposit as a condition for the hearing and disposal of the appeal - before the Commissioner (Appeals), should be dispensed with.
Page 1 of 2The Court has considered the submissions, and the fact that the Order-in-Original discloses no reason why penalty was imposed upon the petitioner - a salaried employee drawing `14,500/- per month. In the circumstances, the petitioner's appeal to the Commissioner (Appeals) shall be heard on its merits without insisting upon the requirement of pre-deposit; it is accordingly directed to be waived. In case the petitioner files his appeal within four weeks, the same shall be considered on its merits without pre-deposit and shall not be dismissed on the ground of limitation.
The petition is disposed of in the above terms along with the pending applications.
Order dasti.
S. RAVINDRA BHAT, J PRATEEK JALAN, J JANUARY 11, 2019/ajk Page 2 of 2