2008 (7) TMI 766 - AT - Central Excise

Summary

Issues:
Admission of fresh documents in a case involving the sale price of branded goods and mutual relationship between two companies.

Analysis:
The appellants submitted a misc. application to admit 7 documents related to correspondences and invoices with another company regarding the sale price of chairs manufactured by them. The appellants argued that the Show Cause Notice did not mention unilateral fixing of prices, which was the basis of the Commissioner's decision. They contended that the documents would demonstrate a mutual agreement on prices and refute the allegations of flow back of funds. The appellants emphasized the importance of these primary documents in defending against the allegations made. The Revenue did not challenge the veracity of the documents but opposed their relevance to the case.

The Tribunal examined the submissions and found that the impugned order rejected the sale price fixed under an agreement between the two companies, alleging a flow back of funds and mutual interest. Recognizing the significance of the newly produced documents in addressing these allegations, the Tribunal allowed the misc. application to admit the documents. The Tribunal directed the matter to be remanded to the Original Authority for de novo consideration, granting the appellants an opportunity to present the crucial documents. The Original Authority was instructed to follow the Principles of Natural Justice and thoroughly evaluate the impact of the new evidence and the defense put forth by the appellants. The de novo order was mandated to be comprehensive, considering all aspects raised by the appellants, including case laws and fresh evidence. The Tribunal set aside the impugned order, allowed the misc. application, and ordered the re-adjudication of the matter within four months from the date of the order.