2001 (11) TMI 757 - AT - Central Excise

Remand - Show cause notice delay in issuance - Limitation - Stay/Dispensation of pre-deposit

Summary

Issues: Violation of principles of natural justice, Show cause notice issued beyond 5 years

Violation of principles of natural justice:
The appellant sought an adjournment of the case due to his daughter's wedding, but the Commissioner proceeded with the case without granting the adjournment. The appellant argued that this action violated the principles of natural justice. The Commissioner recorded the appellant's plea regarding the proceedings initiated after five years but did not provide any finding on this matter in the final order. The Tribunal agreed with the appellant that the order should be set aside due to the lack of consideration on this crucial point. Consequently, the Tribunal allowed the stay application, set aside the impugned order, and remanded the case to the Commissioner for a fresh consideration. The Commissioner was directed to provide a clear date for the appellant and their counsel to appear, allow the filing of further submissions and evidence, and give detailed findings on all aspects of the case, including the issue of the proceedings initiated beyond five years.

Show cause notice issued beyond 5 years:
The appellant contended that the show cause notice was issued after the expiration of five years from the relevant period of demand. Despite raising this issue in their replies, the Commissioner did not address it in the final order. The appellant argued that this failure rendered the proceedings null and void. The Tribunal noted the absence of a finding on this crucial aspect in the Commissioner's order and agreed that the matter should be remanded for a fresh consideration. The Tribunal directed the Commissioner to examine the merits of the appeal, the appellant's submissions during the personal hearing, and provide findings on the issue of the show cause notice being issued beyond the statutory limitation period. The appeal was allowed by way of remand to address this issue comprehensively during the reconsideration of the case.

In conclusion, the Tribunal found merit in the appellant's arguments regarding the violation of principles of natural justice and the show cause notice being issued beyond the statutory period. Consequently, the Tribunal allowed the stay application, set aside the impugned order, and remanded the case to the Commissioner for a thorough reconsideration. The Commissioner was instructed to address all aspects of the case, including the issues raised by the appellant, provide a clear date for further proceedings, and allow the submission of additional evidence.