2014 (6) TMI 455 - AT - Central Excise

Demand of duty - clandestine removal of chhakdo rickshaw - Held that - appellants having not justified or indicate the reason for seeking the cross-examination before the adjudicating authority, cannot claim that there is a violation of principles of natural justice and more so when he himself remains absent in the adjudication proceedings. On merits, we find that the justification of the appellant that RTO records cannot be sole records to arrive at manufacturing activity is an issue that cannot be decided summarily as the RTO records are State Government records and needs to be given due weightage. In our view, this deeper consideration can be done at the time of final disposal of appeal - stay granted partly.

Summary

Issues involved:
1. Compliance with High Court direction in the Stay Petition
2. Violation of principles of natural justice in adjudication proceedings
3. Consideration of evidence regarding clandestine removal of chhakdo rickshaw
4. Non-granting of cross-examination and its impact on natural justice
5. Justification of relying on RTO records for manufacturing activity

Analysis:

Issue 1: Compliance with High Court direction
The Stay Petition was taken up as per the direction of the Hon'ble High Court of Gujarat in SCA No.590/2014. The appellant had filed an application for waiver of pre-deposit, which was disposed of earlier by the Bench. The High Court directed the Bench to reconsider the issue after imposing costs on the appellant. The appellant's consultant was unable to appear due to prior commitments, leading to the consideration of the Stay Petition.

Issue 2: Violation of principles of natural justice
The appellant alleged that the adjudicating authority violated natural justice principles by relying on documents not supplied to them. The appellant claimed they received documents in a CD format but couldn't access them. They requested copies of the documents for an effective reply and cross-examination of the investigating officer, which was not considered. However, the Tribunal found the appellant's absence during the adjudication proceedings and lack of justification for cross-examination weakened their claim of a violation of natural justice.

Issue 3: Evidence of clandestine removal of chhakdo rickshaw
The central issue revolved around the demand of duty from the appellant concerning the clandestine removal of chhakdo rickshaws. The adjudicating authority concluded that the appellant was manufacturing these rickshaws based on various evidences like RTO registrations and records maintained by others.

Issue 4: Non-granting of cross-examination and its impact
The Tribunal noted the appellant's repeated attempts to delay adjudication proceedings, including seeking adjournments and changing counsels. The appellant's claim of non-granting of cross-examination was countered by the Tribunal, stating that the appellant failed to provide sufficient justification for the request and remained absent during proceedings. The Tribunal emphasized that non-granting of cross-examination did not equate to a violation of natural justice, especially given the circumstances.

Issue 5: Relying on RTO records for manufacturing activity
The appellant contested the reliance on RTO records as the sole basis for determining manufacturing activity, arguing that the records did not definitively prove the vehicles' manufacturer. The Tribunal acknowledged the need for deeper consideration on this issue during the final appeal disposal, highlighting the significance of RTO records as State Government documents that require due weightage.

In conclusion, the Tribunal directed the appellant to deposit a specified amount within a set period, subject to compliance for further proceedings. The decision balanced the need for deeper consideration of the issues raised while ensuring compliance with the High Court's direction and maintaining procedural fairness in the adjudication process.