2011 (10) TMI 377 - AT - Central Excise

Principle of Natural Justice - Held That - When the appeals filed by revenue were allowed but no notice of personal hearing were given to applicant. The order stands against Principle of Natural Justice. Order set aside after waiver of Pre-deposit of duty interest and penalty.

Summary

Issues:
1. Waiver of pre-deposit of duty, interest, and penalties.
2. Denial of credit for inputs used in manufacturing goods.
3. Violation of principles of natural justice in passing the impugned order.

Analysis:

Issue 1: Waiver of pre-deposit of duty, interest, and penalties
The applicants sought waiver of pre-deposit of duty amounting to Rs.19,54,086/-, interest, and penalties. An amount of Rs.2,00,000/- was already deposited by the applicant. The Tribunal considered the submissions and decided to waive the pre-deposit of duty, interest, and penalty. The matter was remanded to the Commissioner (Appeals) for a fresh decision after affording an opportunity of hearing to the appellant in both appeals.

Issue 2: Denial of credit for inputs used in manufacturing goods
The dispute arose from a show cause notice demanding duty after denying credit for inputs used in manufacturing goods subsequently exported. The denial was based on the claim that the applicant did not receive the inputs and instead used non-duty paid raw materials from other sources to manufacture final products. The adjudicating authority dropped the demand but confirmed a demand of Rs.4,06,348/-, interest, and penalty for scrap generated during manufacturing. The Tribunal considered the contentions of both parties and noted the discrepancies in the appeals filed by the Revenue and the applicant, ultimately finding a violation of natural justice principles in the impugned order.

Issue 3: Violation of principles of natural justice in passing the impugned order
The Revenue argued that the Commissioner (Appeals) had provided an opportunity for a hearing to the applicant during the appeal process. However, the Tribunal observed that while the applicant was heard, no such opportunity was extended regarding the appeal filed by the Revenue. This asymmetry in the hearing process led to the Tribunal setting aside the impugned order, waiving the pre-deposit, and remanding the matter for a fresh decision to ensure a fair hearing for both parties. The appeals were disposed of through remand, emphasizing the importance of upholding natural justice principles in legal proceedings.

This comprehensive analysis of the judgment highlights the issues of waiver of pre-deposit, denial of credit for inputs, and the violation of natural justice principles, providing a detailed insight into the Tribunal's decision and the reasoning behind remanding the matter for a fresh decision.