2005 (12) TMI 442 - AT - Central Excise

Issues involved:
1. Violation of Tribunal's remand directions and judicial indiscipline by Asst. Commissioner.
2. Comparison of prices with unequal class of buyers by Commissioner.
3. Violation of Principles of Natural Justice.
4. Assessment finalization and reopening of the matter by Asst. Commissioner without challenge by Revenue.
5. Examination of extraneous evidence not part of show cause notice.

Analysis:

1. Violation of Tribunal's remand directions and judicial indiscipline by Asst. Commissioner:
The appeals in question raised a common issue regarding the enhancement of assessable value by the Revenue for clearances made by the assessee to a public sector undertaking. The Tribunal had previously remanded the matter with clear directions, emphasizing the need to draw comparisons between sales made to similar classes of buyers. However, the Asst. Commissioner failed to follow the Tribunal's directions, displaying clear judicial indiscipline. This non-compliance was deemed unacceptable, leading to a disapproval of the Asst. Commissioner's actions.

2. Comparison of prices with unequal class of buyers by Commissioner:
The Commissioner, while disagreeing with the Asst. Commissioner's comparison of prices with unequal classes of buyers, still proceeded to confirm the demands based on certain sale particulars not disclosed to the appellants. This action was seen as a violation of the Tribunal's final order and the Principles of Natural Justice. The Commissioner's decision to examine extraneous evidence not part of the show cause notice was considered a mistake, rendering the impugned order unsustainable in law.

3. Violation of Principles of Natural Justice:
The violation of the Principles of Natural Justice was highlighted concerning the failure to disclose certain sale particulars to the appellants and the examination of evidence not part of the show cause notice. This lack of transparency and procedural fairness raised significant concerns regarding the validity of the Commissioner's actions.

4. Assessment finalization and reopening of the matter by Asst. Commissioner without challenge by Revenue:
The Asst. Commissioner's decision to reopen the assessment without the Revenue challenging the finalization of the assessment was deemed legally unsustainable. The Asst. Commissioner's actions were criticized for not adhering to the established legal procedures and for reopening the matter without proper justification or challenge.

5. Examination of extraneous evidence not part of show cause notice:
The Commissioner's reliance on extraneous evidence not included in the show cause notice was considered a procedural error. This deviation from standard legal practices undermined the fairness and integrity of the decision-making process, leading to the order being deemed unsustainable in law.

In conclusion, the Tribunal set aside both the orders and remanded the matter to the original authority with strict directions to adhere to the Tribunal's remand directions. The appellants were granted the opportunity to raise all relevant points, including issues related to the finalization of assessment and time-barred demands. The Original Authority was instructed to complete the proceedings within a specified timeframe while ensuring compliance with the Principles of Natural Justice and the directions provided in the remand order. The appeals were allowed by remand to the Original Authority for further proceedings.

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