2011 (6) TMI 485 - AT - Central Excise

Undervaluation - Notification No. 27/92 dated 09.10.1992 - Misdeclaration of price - Violation of principle of natural justice - the show-cause notice has been served on the appellants along with annexure but relied upon documents were not supplied to the appellants because the appellants were asking these documents from beginning of the receipt of show-cause notice - Held that in this case the appellants namely M/S. J.P. Enterprises and M/s. Pyarelal Textile P. Ltd. were asking the department to supply the copy of relied upon documents - It is on record that the request of the appellants has not been considered to put their defence by the adjudicating authority - Decided in favor of the assessee by way of remand

Summary

Issues:
1. Allegation of under-valuation of grey fabrics by merchant manufacturers.
2. Non-supply of relied upon documents to the appellants.
3. Violation of the principle of natural justice by the adjudicating authority.

Analysis:

1. Allegation of under-valuation:
The case involved M/s. Amber Processors, a job-worker, and several merchant manufacturers who were alleged to have mis-declared the price of grey fabrics sent for processing. A show-cause notice was issued, and differential duty demand was levied for under-valuation. Penalties were imposed on various parties, and goods were confiscated but later redeemed. The appellants contended that they were not provided with the relied upon documents, hindering their ability to contest the case effectively.

2. Non-supply of relied upon documents:
The appellants, particularly M/s. J.P. Enterprises, argued that the relied upon documents crucial for their defense were not supplied to them despite repeated requests. This failure to provide necessary documents was deemed a violation of the principle of natural justice. The appellants claimed that without access to these documents, they could not properly respond to the allegations of under-valuation, rendering the differential duty demand unjustified in the eyes of the law.

3. Violation of natural justice:
Upon hearing both sides, the Tribunal found merit in the appellants' argument regarding the non-supply of relied upon documents. It was observed that the adjudicating authority had not considered the appellants' requests for these documents, impeding their ability to present a robust defense. Consequently, the Tribunal concluded that the principle of natural justice had been breached by the adjudicating authority. As a result, the matter was remanded back to the original adjudicating authority for fresh adjudication after ensuring the supply of relied upon documents to the concerned appellants.

In conclusion, the judgment highlighted the importance of upholding the principles of natural justice, particularly in cases involving allegations of under-valuation and differential duty demands. The non-supply of relied upon documents was deemed a violation of the appellants' rights to a fair hearing and defense, leading to the decision to remand the matter for proper adjudication while ensuring the appellants' access to essential documents for a just resolution.