2010 (1) TMI 1160 - AT - Central Excise

Summary

Issues involved: Confirmation of demand of irregular rebate, imposition of penalty, remand of the matter for separate liability determination.

Confirmation of demand of irregular rebate and penalty imposition:
The Commissioner confirmed the demand of irregular rebate amounting to Rs. 1,24,19,869 from the appellant and six others, along with imposition of interest and penalty. The penalty was imposed jointly and severely on all seven beneficiaries. The advocate representing the appellant argued that the penalty should be imposed separately on each individual. The Tribunal had previously remanded a similar case to the Original Adjudicating Authority for fresh decision and fixing liability on each individual separately. Since the demand for rebate and penalty was not imposed separately on the appellant, it was deemed necessary to remand the matter for separate determination of liability.

Request for supply of relied upon documents:
The advocate also raised the issue that the Original Adjudicating Authority had not provided the relied upon documents due to the non-filing of Vakalatnama by the advocate. It was requested that the Authority be directed to supply the relied upon documents when remanding the matter.

Judgment:
The Tribunal considered the submissions and noted that a similar matter had been remanded previously on the same issue. Therefore, it was decided that the present matter also needed to be remanded. The request for supply of documents was deemed reasonable, and it was directed that the Original Adjudicating Authority should decide the liability for rebate and penalty separately for each individual. Additionally, the Authority was instructed to supply the relied upon documents before passing the order, and the appellants were to be given a proper opportunity to present their case before the final decision was made.