2006 (7) TMI 516 - AT - Central Excise

Natural justice - Cross-examination - Denial of - Demand - Clandestine manufacture and removal

Summary

Issues:
1. Appeal against demands confirmed for manufacturing cigarettes and other products.
2. Miscellaneous Application for production of additional documents.
3. Allegations of clandestine manufacturing and removal of products, violation of natural justice principles, and time limitation.
4. Insufficient evidence and reliance on private registers.
5. Cross-examination rights and violation of natural justice principles.
6. Re-examination of allegations and evidence required.
7. Setting aside the impugned order and remanding the case for reconsideration.
8. Revenue seeking to set aside benefits granted to the assessee.

Analysis:
1. The appeals arose from demands confirmed against the appellants for manufacturing cigarettes and other products under specific chapters of the Central Excise Tariff. The period involved, as per the show cause notice, was from 1-1-1995 to 30-9-1995, invoking a larger period for investigation.

2. A Miscellaneous Application was filed for the production of additional documents, which were allowed by the Tribunal.

3. The appellant, a Tobacco company, was accused of clandestinely manufacturing and removing products, including procuring raw materials clandestinely. The appellant raised concerns regarding the violation of natural justice principles due to the non-granting of cross-examination rights and the invocation of a larger time period. The Tribunal found the lack of sufficient reasons for rejecting the plea for cross-examination and set aside the order for violating natural justice principles.

4. The learned Counsel for the appellant argued that there was insufficient evidence to prove clandestine activities, emphasizing the lack of evidence regarding the purchase of final products, sale to specific customers, and flow back of funds. The reliance on private registers as the basis for confirming demands was deemed insufficient.

5. The Tribunal highlighted the importance of granting the opportunity for cross-examination to all relevant persons, including those in physical control of the factory. The failure to allow cross-examination of suppliers, transporters, and officers controlling the factory was considered a violation of natural justice principles.

6. The Tribunal concluded that there was a need for re-examination of the allegations and evidence, emphasizing the requirement for evidence of sale to specific customers, flow back of funds, and excess production of electricity to establish charges of clandestine activities.

7. Due to the violation of natural justice principles, the impugned order was set aside, and the case was remanded for de novo consideration. The appellant was granted the opportunity to cross-examine witnesses, including officers and sepoys, within a specified timeline.

8. The Revenue sought to set aside certain benefits granted to the assessee, which was to be reconsidered upon the remand of the case for further examination.