2011 (1) TMI 1131 - AT - Central Excise

Power of Commissioner (Appeals) to remand - As per the amended provision to Section 35A of the Central Excise Act the power of remand has been withdrawn w.e.f. 11-5-2001 - Commissioner (Appeals) has no power to remand. - since the adjudication order is passed on violation of principle of natural justice matter remanded back to adjudicating authority.

Summary

Issues:
1. Power of remand under Section 35A of the Central Excise Act.
2. Validity of the remand by the Commissioner (Appeals).
3. Violation of principle of natural justice due to incorrect address for notices.

Analysis:
1. The appeal was filed by the Revenue against the order passed by the Commissioner (Appeals) remanding the matter to the adjudicating authority. The Revenue contended that post the amendment to Section 35A of the Central Excise Act, the power of remand has been withdrawn. Citing legal precedents, the Revenue argued that the Commissioner (Appeals) lacked the authority to remand the case. The Tribunal agreed with the Revenue's argument, citing decisions of the Hon'ble Supreme Court and the Hon'ble Punjab & Haryana High Court. Consequently, the Tribunal set aside the impugned order of remand by the Commissioner (Appeals).

2. Additionally, the Tribunal noted that the adjudicating authority had issued notices for hearing to the respondents at an incorrect address, leading to a violation of the principle of natural justice. The notices were sent to 167, N.S. Road, Kolkata, instead of the correct address at 137, N.S. Road, Kolkata. This error resulted in the adjudication order being passed ex parte. Recognizing the fundamental importance of adhering to natural justice principles, the Tribunal set aside the adjudication order and remanded the matter to the adjudicating authority. The Tribunal directed the adjudicating authority to conduct a fresh hearing, ensuring that the respondents are afforded a proper opportunity to present their case.

3. In conclusion, the Tribunal disposed of the appeal by way of remand, emphasizing the significance of upholding procedural fairness and legal requirements in adjudicatory proceedings. The judgment highlights the critical role of correct notice procedures in maintaining the integrity of the adjudication process and ensuring that all parties have a fair chance to be heard.