2007 (2) TMI 450 - AT - Central Excise

Summary

Issues:
1. Appeal against Order-in-Original dropping a portion of demand raised by the Department.
2. Failure to serve notice on the Respondents leading to dismissal of the appeal.

Analysis:
1. The judgment deals with an appeal by the Revenue against Order-in-Original No. 11/2002 BNG-II, which dropped a portion of the demand raised by the Department. The Commissioner confirmed a duty demand of Rs. 60,773 only, which the Department objected to as not being correct in law. The matter had been ongoing since 2005, with the Revenue directed to serve notice on the Respondents. Despite several opportunities given to the Commissioner, the notice could not be served. The Deputy Commissioner and Assistant Commissioner confirmed the inability to locate the unit or proprietor, leading to the suggestion of publication in newspapers. However, the Tribunal noted the absence of provision in the Central Excise Act for such publication. Citing a Supreme Court judgment, the Tribunal held that failure to serve notice on the Respondents renders the appeal non-hearable, resulting in dismissal. The Revenue's inaction to amend the law for paper publication of notice was also highlighted, leading to the dismissal of the appeal due to the absence of a statutory provision for newspaper publication.

2. The crux of the second issue revolves around the failure to serve notice on the Respondents, a procedural requirement essential for a fair hearing. The Tribunal emphasized the significance of proper notice as a fundamental aspect of due process, as established in legal precedent. The Apex Court's ruling in a similar case set a precedent that non-service of notice warrants dismissal of the appeal. The Tribunal's decision to follow this established legal principle underscores the importance of adherence to procedural rules to ensure the integrity of the judicial process. The dismissal of the appeal based on the failure to serve notice highlights the strict adherence to procedural requirements in legal proceedings, emphasizing the principles of natural justice and fair play. The Tribunal's decision serves as a reminder of the essential procedural safeguards that underpin the legal system, ensuring that all parties have a fair opportunity to present their case and participate in the adjudicatory process.