2010 (10) TMI 349 - HC - Central Excise

Cenvat credit - additional evidence can be taken into consideration only if they satisfy the test of relevance, veracity and credibility. Additional evidence in appeal is permissible if it is absolutely necessary for substantial justice between the parties - the Tribunal is requested to dispose of the appeal afresh within three months from the date of communication of this order

Summary

Issues:
- Appeal against order denying Modvat Credit
- Admissibility of additional evidence in appeal
- Setting aside remand order and remitting appeals for fresh consideration

Analysis:
The judgment by the High Court of Calcutta involved appeals against an order passed by the Customs, Excise & Service Tax Appellate Tribunal concerning the denial of Modvat Credit for certain items. The appellant sought to produce additional documents before the original authority, which the Tribunal allowed, leading to a remand for further consideration. The Court emphasized that additional evidence in appeal should meet the criteria of relevance, veracity, and credibility, and should be necessary for substantial justice between the parties. Mere desire to present additional evidence is not sufficient to set aside the original order mechanically. Therefore, the Court set aside the remand order and remitted all appeals back to the Appellate Tribunal for a fresh review in light of these observations.

The judgment highlighted the importance of ensuring that the appellate court's decision to admit additional evidence is based on the principles of justice and fairness. The Court directed the Appellate Tribunal to reconsider the appeals within three months from the date of the order without issuing fresh notices to the parties. Consequently, the connected applications for stay were deemed infructuous and disposed of accordingly. Notably, no costs were awarded in these appeals, and all parties were instructed to act on a xerox signed copy of the order, adhering to the usual undertakings. The judgment provided a comprehensive analysis of the admissibility of additional evidence in appeal cases and the proper procedure for remitting matters for fresh consideration, ensuring a fair and just resolution of the dispute.