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2003 (5) TMI 341 - AT - Central Excise
Issues:
Challenge to correctness of order-in-original confirming duty demand, Failure to follow export procedure, Exemption for SSI Unit, Opportunity to prove facts, Remand for fresh decision. Analysis: The appellants challenged the correctness of the order-in-original confirming a duty demand of Rs. 22,84,468/- along with penalty and interest. They were engaged in manufacturing excisable goods and had cleared goods for export without following the proper procedure, leading to a show cause notice for duty recovery and penalty. The appellants argued their exemption as an SSI Unit and compliance with Board's Circular exempting them from certain procedures. However, the adjudicating authority did not record findings on their SSI status or exemption limit compliance, focusing on non-compliance with the export procedure. The Tribunal noted that the appellants claimed SSI status and compliance with exemption limits but were not given a fair opportunity to prove these facts. The Tribunal considered the request to send the matter back for the appellants to provide evidence supporting their defense. If the appellants could prove their clearances for home consumption did not exceed the exemption limit, they could benefit from the Board's Circular exempting them from certain procedures. Therefore, the Tribunal decided to set aside the impugned order and remand the matter to the adjudicating authority for a fresh decision after affording the appellants an opportunity to present evidence supporting their defense. In conclusion, the Tribunal allowed the appeal by remanding the case for a fresh decision, emphasizing the importance of providing the appellants with a fair opportunity to substantiate their version and prove compliance with the exemption limit, which could entitle them to the benefit of the Board's Circular. The decision highlighted the need for a just and thorough consideration of the appellants' evidence and defense in line with principles of natural justice and procedural fairness.
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