2009 (6) TMI 843 - AT - Central Excise

Summary

Issues:
1. Lack of personal hearing before passing adjudication order.
2. Demand of duty based on deductions claimed by the appellants.
3. Requirement of pre-deposit for hearing the appeal.
4. Delay in finalization of assessment.
5. Admittance of dues by the appellants.
6. Consideration of natural justice and merit in deciding the appeal.

Analysis:
1. The appellants contended that the adjudication order was issued without providing them with a personal hearing, emphasizing the importance of natural justice. The Commissioner (Appeals) had directed a pre-deposit of Rs. 32 lakhs under section 35F of the Central Excise Act, 1944, for hearing the appeal, raising concerns about due process.

2. The demand of duty was primarily based on various deductions claimed by the appellants, including bank interest on finished stock, distribution charges, difference in sales price, and freight charges. The original authority confirmed the duty demand, leading to the appeal before the Commissioner (Appeals) along with a stay application.

3. The Commissioner (Appeals) required the appellants to pre-deposit a substantial amount for hearing the appeal, which was contested by the appellants. The issue of pre-deposit was a significant aspect of the case, impacting the progression of the appeal process.

4. A notable issue raised was the significant delay in finalizing the assessment, spanning over a decade since the order of the High Court in 2001. The delay in concluding the assessment process was highlighted as a concern affecting the overall proceedings.

5. The appellants' admission of the dues before the Commissioner (Appeals) and in submissions to the High Court was a crucial point of contention. The admission of dues was argued by the Departmental Representative as a basis for the pre-deposit requirement, adding complexity to the case.

6. The Tribunal, after considering the arguments from both sides, concluded that the matter required a fresh examination on merit without insisting on any pre-deposit. Emphasizing the importance of natural justice and considering the factual background, the Tribunal set aside the impugned order and remanded the matter to the Commissioner (Appeals) for a decision on merit without pre-deposit requirements, ultimately allowing the appeal by way of remand.