2010 (12) TMI 276 - AT - Central Excise

Penalty - Imnpugned order - It is the case of the appellants that though appellants had filed their reply in answer to the show cause notice, they were never served with any intimation regarding the personal hearing of the matter and without affording the opportunity to contest the proceedings the entire matter was disposed of by imposing penalty against the appellants - Notice sent to other address - The appeals, therefore, succeed - matter is remanded to the Commissioner to decide the case afresh as against the appellants in accordance with provisions of law and after service of notice upon them.

Summary

Issues: Failure to provide fair opportunity for personal hearing

In this case, the appellants challenged an order passed by the Commissioner, Indore, on the grounds of not being given a fair opportunity to contest the proceedings. The appellants claimed that they were never informed about the personal hearing despite filing a reply to the show cause notice. The impugned order revealed that the Commissioner proceeded with the matter without serving notice to the appellants for the personal hearing. The address mentioned in the order was in Burhanpur, Madhya Pradesh, while the appellants were based in Surat, Gujarat. It was noted that no attempt was made to serve the appellants at their actual location. Due to this failure to provide a proper opportunity for the appellants to contest the proceedings, the impugned order was set aside, and the matter was remanded to the Commissioner for a fresh decision after serving notice to the appellants.

This judgment highlights the importance of ensuring that parties are given a fair opportunity to present their case and participate in the proceedings. Failure to provide adequate notice for a personal hearing can result in the order being set aside, as seen in this case. It emphasizes the principle of natural justice and the right of parties to be heard before a decision is made against them. The judgment also underscores the significance of serving notices at the correct address of the parties involved to avoid any procedural irregularities. Overall, it serves as a reminder of the procedural safeguards that must be followed in administrative and legal proceedings to uphold the principles of fairness and justice.