2007 (7) TMI 463 - AT - Central Excise

Summary

Issues:
1. Application for waiver of pre-deposit of duty
2. Alleged clandestine clearance of duty-free printed fabrics
3. Violation of principles of natural justice in the proceedings

Analysis:
1. The Appellate Tribunal, after hearing arguments on the applications for waiver of pre-deposit of duty amounting to Rs. 7,53,28,947, decided to proceed with the appeals themselves due to the main grievance being the contravention of principles of natural justice. The duty demand was confirmed under relevant provisions against a 100% EOU for not using printed fabrics received under CT-3 certificates in the manufacture of export goods. The Tribunal granted a stay and took up the appeals for final hearing.

2. The duty demand was based on the allegation that the 100% EOU clandestinely cleared duty-free printed fabrics received from specific processors instead of using them for manufacturing export goods. The appellants claimed they did not receive the show cause notice or notice of personal hearing as the unit was closed, leading to non-filing of a reply. The Commissioner served notices by pasting them on the factory gate and sending personal hearing letters to the partners' brother, who acknowledged on behalf of the EOU. However, as the appellants were not heard, the Tribunal set aside the order, remanding the case for a fresh decision within three months, emphasizing the need for a fair hearing and collection of necessary documents.

3. The Tribunal found that although the department took steps for effective service, the appellants were not given a chance to present their defense, necessitating a fresh decision in the interest of justice. The order was set aside, and the case was remanded to the Commissioner for a fair hearing, directing the appellants to collect the show cause notice, file a reply, and participate in the proceedings within a specified timeframe. The decision highlighted the importance of providing ample opportunity for the appellants to present their defense, ultimately allowing the appeals by way of remand for a fair adjudication.