2008 (10) TMI 497 - AT - Central Excise

Summary

Issues:
Procedural irregularity in export from a different port affecting entitlement to relief and penalty imposition.

Analysis:
The appellant contended that the authorities erred in denying relief due to exporting goods from a port outside the jurisdictional Commissioner without questioning the actual export. The appellant argued that such procedural irregularity should not hinder granting relief, citing a previous tribunal order. The representative for Revenue acknowledged the absence of material questioning the export, attributing the issue to a procedural irregularity. This irregularity was seen as a reason for the order of adjudication, suggesting penal consequences for the appellant due to the lack of proper control by the jurisdictional Commissionerate.

The tribunal considered the matter despite being scheduled for a Stay Petition hearing, noting the simplicity of the issue for dispensing pre-deposit. The central question revolved around whether a procedural irregularity, without contrary evidence, should impede substantial justice. While Revenue highlighted the irregularity hindering administrative control, no clear revenue implication was evident apart from control exercise. Consequently, the tribunal opined that the appellant should not be deprived of lawful benefits except for the penalty imposed by the lower authorities, which required confirmation.

Based on the observations and findings, the tribunal ruled in favor of the appellant, except for confirming the penalty. The impugned order was set aside partially, with the operative part and reasons for the decision pronounced in open court on a specified date.