2010 (1) TMI 1054 - AT - Central Excise

Summary

Issues: Alleged excess goods and shortage of goods found during investigation; Violation of principles of natural justice in adjudication process.

In the present case, two appeals, No. 2738/07 and No. 2740/07, were filed concerning the alleged excess goods and shortage of goods found during an investigation on 22-2-05. The appellant contended that they had records to reconcile the alleged shortage and excess, which were presented to the authority within five days of the investigation. Despite the appellant's efforts to address the issue, both the Adjudicating Authority and the Appellate Authority failed to verify and reconcile the recorded figures, leading to a lack of proper examination of the facts. The appellant argued that the authorities proceeded on the assumption of shortage and excess without proper verification, causing prejudice to the appellant's interests. The appellant requested a thorough reconciliation of facts and figures apparent from the records to address the grievance.

During the proceedings, the Counsel for the Revenue supported the orders of the lower authorities, stating that the stock-taking process remained unrebutted, providing sufficient material for the Revenue's case against the assessee. However, the Tribunal observed that the matter delved into the violation of principles of natural justice. The Tribunal noted that the Adjudicating Authority failed to establish any allegations against the appellant despite the submission of facts and figures by the appellant. The Tribunal highlighted that the orders passed by the Appellate Authority lacked a judicious examination of the facts borne by the record, indicating a legal infirmity in the process. The Tribunal emphasized the necessity for a reasoned and speaking order to address the grievance raised by the appellant and directed a remand to the Adjudicating Authority for a de novo adjudication process.

Ultimately, the Tribunal remanded the matter back to the Adjudicating Authority, setting aside the orders of both lower authorities. The Adjudicating Authority was instructed to entertain only legal pleadings at the stage of de novo adjudication, reconcile the facts and figures borne by the record, and provide a reasoned and speaking order considering the appellant's submissions. The Tribunal emphasized that no additional evidence would be entertained and that following such a procedure would render the orders reasonable and justifiable.