2016 (4) TMI 1216 - HC - Central Excise

Natural justice - denial of cross-examination of witnesses - Held that - two CPUs were seized in the search that was conducted on 21 January, 2006. Though a specific request has been made by the petitioners for providing the CPUs or the data contained in the CPUs, no specific reason has been given in the communication dated 20 January, 2015 for not making available the information to the petitioners - it would be appropriate for the adjudicating authority at Chandigarh to examine the issues raised by the petitioners afresh - petition allowed by way of remand.

Issues:
1. Seizure of business records during a search by Central Excise Department.
2. Refusal to provide information and cross-examination rights to the petitioner.
3. Consideration of requests for information and cross-examination by the authorities.
4. Legal implications of the seized CPUs and data contained in them.
5. Adjudication authority's role in examining issues raised by the petitioners.
6. Notice for personal hearing and its impact on the case.

Analysis:
1. The case involves the seizure of business records, specifically 2 CPUs containing crucial data, during a search conducted by the Central Excise Department at the registered office and factory premises of the petitioner-company. Subsequently, a show cause notice was issued alleging fraudulent availing of Cenvat credit without receiving goods/inputs.

2. The petitioner's grievance primarily revolves around the refusal of the authorities to provide the requested information from the seized CPUs and the denial of the right to cross-examine certain persons. The petitioner's counsel argued that the information was essential to respond to the show cause notice effectively, citing relevant legal precedents to support the demand for access to the data.

3. While the respondent's counsel contended that a reply had been sent to the petitioners and any grievances could be raised during subsequent proceedings, the court noted that the reasons for withholding the information were not adequately explained in the communication from the Assistant Commissioner (Adjudication) at Chandigarh.

4. The court acknowledged the importance of the seized CPUs and the data they contained in enabling the petitioner to present a specific reply to the show cause notice. It emphasized the need for a detailed consideration of the petitioner's request for access to this information, highlighting the lack of specific reasons for denial in the communication from the authorities.

5. Regarding the request for cross-examination, the court observed that the adjudicating authority had only superficially considered this aspect. Citing a Supreme Court decision on cross-examination of witnesses by the assessee, the court suggested a reexamination of the issues raised by the petitioners by the adjudicating authority in Chandigarh.

6. In light of the above considerations, the court directed the adjudicating authority to review the issues raised by the petitioners thoroughly. It instructed the petitioners to submit an application along with a copy of the court's order to facilitate a well-informed decision by the authority at the earliest.

7. Additionally, the court noted the issuance of a notice for a personal hearing before the Commissioner, Central Excise Commissionerate, Chandigarh-II, and highlighted the potential consequences of non-appearance by the petitioners. It advised the petitioners to consider submitting an application to postpone the hearing based on the court's order.

8. Ultimately, the writ petition was disposed of with the aforementioned observations, emphasizing the need for a comprehensive reevaluation of the petitioner's requests for information and cross-examination rights by the adjudicating authority in Chandigarh.

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