2008 (9) TMI 840 - AT - Customs

Summary

Issues:
1. Remand of the case for de novo consideration based on violation of 'Principles of Natural Justice'.
2. Power of the Commissioner (Appeals) to decide the matter without remanding the case on merits.
3. Interpretation of Section 35A(3) of the Central Excise Act regarding the Commissioner (Appeals) remand power.

Issue 1: Remand of the case for de novo consideration based on violation of 'Principles of Natural Justice'.
The appeal arose from an Order-in-Appeal where the Commissioner (Appeals) remanded the matter for de novo consideration due to the appellants' plea regarding the violation of 'Principles of Natural Justice'. The appellant contended that despite producing all records and evidence before the Commissioner (Appeals), the matter was not decided as an Adjudicating authority. Citing the case of MIL India Ltd. v. CCE, it was argued that the Commissioner (Appeals) has the power to decide the matter without remanding it on merits.

Issue 2: Power of the Commissioner (Appeals) to decide the matter without remanding the case on merits.
The Commissioner (Appeals) had remanded the case, but the appellant argued that the Commissioner (Appeals) has the authority to decide the matter without remanding it on merits. The Tribunal held that the Commissioner (Appeals) should act as an Adjudicating authority and decide the case based on all materials and evidence presented, setting aside the order of remand. Referring to Section 35A(3) of the Central Excise Act, it was established that the Commissioner (Appeals) is empowered to make further inquiries and pass orders.

Issue 3: Interpretation of Section 35A(3) of the Central Excise Act regarding the Commissioner (Appeals) remand power.
The debate revolved around the interpretation of Section 35A(3) of the Central Excise Act concerning the remand power of the Commissioner (Appeals). The Tribunal, guided by the judgments in the case of MIL India Ltd. and CCE v. B.C. Kataria, concluded that the Commissioner (Appeals) does not have the authority to remand the matter and must decide the case by calling for all records and evidence, following the Principles of Natural Justice. The order of remand was set aside, and the appeal was allowed for remand to the Commissioner (Appeals) for a decision within a specified timeframe.