2013 (8) TMI 502 - HC - Central Excise

Principles of Natural Justice - Opportunity to Cross- Examine - Application for Supplying Additional Documents - Confirmed Duty Demand along with Penalty and Interest - Held that - The order was set aside and request was made to the adjudicating authority to pass a separate order on the assesses application/request letter for granting cross examination of the witnesses - it was incumbent upon the Commissioner to decide the request of cross examination of the assesses before finally adjudicating the show cause notice and culminating the proceedings into an order in original Assesses personally filed an affidavit and it was clearly made out from the contents of such affidavit that the they were awaiting communication from the Commissioner in respect of the request of cross examination made reiteratively - on account of pendency of such a request, the assesses had also not concluded hearing on the merits - Petition was allowed Decided in favor of assesse.

Summary

Issues:
Challenge to order of Commissioner, Central Excise, Customs & Service Tax, VadodaraI; Breach of principles of natural justice.

Analysis:
In this case, the petitioners challenged the order of the Commissioner dated 4th February 2013, confirming duty demands, penalties, and interest. The High Court entertained the petition based on the alleged breach of principles of natural justice, specifically regarding the denial of the petitioners' request for cross-examination of certain witnesses during the adjudication proceedings. The Court noted that the Commissioner passed the final order without deciding the request for cross-examination, which was considered a violation of natural justice. The petitioners argued that they were serious about exercising their right to cross-examination and that meaningful participation in the proceedings could only occur after this right was granted.

The Commissioner, in the impugned order, rejected the request for cross-examination, stating that the persons whose statements were relied upon held no vital role in establishing the processes of manufacture and the applicability of Central Excise duty. The Court found that the petitioners were not informed of the decision on the cross-examination request before the final order was passed, depriving them of the opportunity to fully participate in the adjudication proceedings. The Court emphasized that the petitioners had a right to know the outcome of their application for cross-examination before the final adjudication.

The Court concluded that the impugned order was set aside due to the serious breach of principles of natural justice. It directed the adjudicating authority to pass a separate order on the petitioners' request for cross-examination of the named witnesses. The Court clarified that the Commissioner should decide on the cross-examination request before proceeding with the final adjudication. The petition was allowed, and the original order was quashed, with instructions for the Commissioner to pass a new order after considering the cross-examination request and affording further hearing opportunities to both sides.

Overall, the High Court's decision focused on upholding the principles of natural justice by ensuring that the petitioners' right to cross-examination was properly addressed before finalizing the adjudication proceedings. The judgment emphasized the importance of procedural fairness and the right to be heard in administrative proceedings, highlighting the significance of granting parties the opportunity to fully participate and present their case effectively.