2007 (6) TMI 349 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand of duty and penalty against the assessee.
2. Imposition of penalty on the Managing Director of the company.
3. Dismissal of appeals by the Commissioner (Appeals) due to non-compliance with Section 35F.
4. Allegations of clandestine manufacturing and removal of pharmaceutical products without duty payment.
5. Denial of SSI exemption to the assessee.
6. Lack of natural justice in denying cross-examination of traders.
7. Dismissal of appeals due to non-compliance with pre-deposit requirements.

Analysis:
1. The original authority confirmed a demand of duty and penalty against the assessee for the period 1998-2002. The Commissioner (Appeals) directed pre-deposit amounts, which were not complied with, leading to the dismissal of appeals.
2. A penalty was imposed on the Managing Director of the company in addition to the demand of duty against the assessee.
3. The dismissal of appeals by the Commissioner (Appeals) was based on non-compliance with Section 35F, without delving into the merits of the case.
4. The assessee was found to have clandestinely manufactured and removed pharmaceutical products without duty payment during the mentioned period, clearing goods under various brand names belonging to others.
5. The assessee was denied SSI exemption due to the goods being affixed with brand names belonging to other entities, despite submissions regarding brand-name registrations and re-assignments.
6. The denial of natural justice was highlighted as the authority did not allow cross-examination of all traders, leading to a lack of fairness in the adjudication process.
7. The Appellate Tribunal found the denial of cross-examination to be a denial of natural justice, remanding the case for fresh adjudication with the opportunity for cross-examination of all relevant witnesses and ensuring a fair hearing for the appellants.