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2001 (10) TMI 926 - AT - Central Excise
Issues:
1. Restoration of appeals dismissed for non-compliance of stay order. 2. Determination of furnace type based on modifications made by the appellants. 3. Violation of principles of natural justice in the decision-making process. Issue 1: Restoration of appeals dismissed for non-compliance of stay order The appellants had partly deposited the amount and requested an extension of time, which was not accepted, leading to the dismissal of their appeals. However, they pre-deposited the required amount after the dismissal order, complying with the terms of the stay order. The Tribunal accepted the prayer for recalling the dismissal order and restored the appeals to their original number. Issue 2: Determination of furnace type based on modifications made by the appellants The appellants argued that the modifications made to their furnace did not change it into a pusher type furnace as alleged by the Commissioner. They contended that the Commissioner did not seek technical opinions to clarify the characteristics of a pusher type furnace, resulting in a violation of natural justice. The Tribunal found that the Commissioner erred in applying the characteristics of a pusher type furnace without expert examination. The matter was remanded to the Commissioner with a direction to obtain expert opinion and re-adjudicate the case after allowing the appellants to present their submissions and evidence. Issue 3: Violation of principles of natural justice in the decision-making process The appellants argued that the Commissioner's decision was based on a misinterpretation of the modifications to their furnace and a failure to seek technical expertise. They contended that the Commissioner's reliance on the characteristics of a pusher type furnace without expert examination violated principles of natural justice. The Tribunal agreed with the appellants, emphasizing the need for expert opinion in determining the nature of the furnace and directing the Commissioner to re-adjudicate the case following the principles of natural justice. Overall, the Tribunal granted the prayer for restoration of appeals, remanded the matter to the Commissioner for obtaining expert opinion on the furnace type, and emphasized the importance of adhering to natural justice principles in decision-making processes.
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