2017 (5) TMI 1629 - AT - Central Excise

Cancellation of Registration Certificate denied - opportunity of hearing not provided - duty demand was raised on the respondent without bringing to its knowledge as to arise of duty liability denying cancellation of registration certificate - principles of natural justice - Held that - For whatever reason duty liability arises, respondent is entitled to know the reason thereof through a proper show cause notice. For no such notice on record, learned adjudicating authority is directed to issue appropriate show cause notice to the respondent and grant opportunity of defence to it to determination of its liability if any arising under the Central Excise Act, 1944 - Only upon hearing the respondent, decision on cancellation of registration can be made. The matter is remanded to learned adjudicating authority to grant reasonable opportunity of hearing to the respondent on the liability, if any, that arises for the impugned period bringing out the manner how such liability arises in a show cause notice - apepal allowed by way of remand.

Summary

Issues:
1. Failure to act on the application for cancellation of registration.
2. Passing of adjudication order without a show cause notice.
3. Entitlement of the respondent to a proper show cause notice and opportunity of defense.
4. Remand of the matter to the adjudicating authority for issuing a show cause notice and decision on cancellation of registration.
5. Direction for the respondent to cooperate for expeditious disposal of the matter.

Analysis:

1. The judgment addresses the issue of the Revenue's failure to act on the respondent's application for cancellation of registration. Despite the application made in 2004, the Revenue remained silent, leading the appellant to move to the High Court. The High Court disposed of the matter with the consent of both sides in 2005, with the Revenue agreeing to decide on the application following due process of law. As a result, the respondent withdrew the writ petition.

2. Another issue highlighted in the judgment is the passing of an adjudication order in 2005 without issuing a show cause notice to the respondent. The duty demand was raised without informing the respondent about the duty liability, thereby denying the cancellation of the registration certificate. The judgment emphasizes the importance of providing a proper show cause notice to the respondent to ensure fairness and the opportunity for defense.

3. The judgment asserts the respondent's entitlement to know the reason for any duty liability through a show cause notice. It directs the adjudicating authority to issue an appropriate show cause notice to the respondent and grant an opportunity for defense to determine any liability arising under the Central Excise Act, 1944. The decision on the cancellation of registration is contingent upon hearing the respondent and ensuring a fair process.

4. In light of the above issues, the judgment remands the matter to the learned adjudicating authority for further action. The authority is instructed to issue a show cause notice to the respondent within a month of the order and adjudicate the matter by a specified date. The authority is also directed to make a decision on the cancellation of registration, if permissible under the law. The respondent is urged to cooperate for the expeditious disposal of the matter.

5. The judgment concludes with a direction for the respondent to cooperate with the adjudicating authority for the swift resolution of the matter by issuing proper notice. The overall focus of the judgment is on ensuring due process, fairness, and providing the respondent with an opportunity to present a defense in matters related to duty liability and registration cancellation.