2022 (6) TMI 1390 - AT - Central Excise

Submission of additional evidence in the form of Certificate issued by M/s Tata Steel Limited for the debit notes in respect of the goods supplied by them as per the enclosure therein - HELD THAT - The Certificate issued by Shri Sanjit Kumar Sinha, Sr.Manager Accounts (Indirect Taxation) on behalf of M/s Tata Steel Limited, is not contained any date of issue. However, as the said Certificate was not provided before the original authority during adjudication, in the interest of justice, the same may be produced before the original authority for appreciation of facts of the case and decide the same in the light of the Certificate issued by M/s Tata Steel Limited. The additional evidence filed by the appellants are admitted and it is also proceeded to decide the issue finally - the appeal deserves to be allowed by way of remand to the original authority - appeal is allowed by way of remand.

Summary

Issues:
Admission of additional evidence in the form of a Certificate issued by M/s Tata Steel Limited, datedness of the Certificate, remand to the original authority for examination of the Certificate, allowance of credit as per law, completion of the exercise within eight weeks.

Analysis:

The Appellate Tribunal considered the Miscellaneous Application filed by M/s Beekay Steel Industries Ltd. to introduce additional evidence in the form of a Certificate issued by M/s Tata Steel Limited. The Certificate was not dated, and the Department's Authorized Representative raised concerns regarding the lack of verification by the Adjudicating Authority. The Tribunal acknowledged the absence of a date on the Certificate but emphasized the need for a fair assessment. Consequently, the Tribunal admitted the additional evidence and decided to remand the case to the original authority for further examination.

Upon review, the Tribunal determined that the appeal should be allowed through a remand to the original authority. It directed the original authority to evaluate the dated Certificate, which the appellants committed to providing, and to grant any applicable credit in accordance with the law. The Tribunal instructed that the entire process be concluded within eight weeks from the date of the order, ensuring a timely resolution of the matter. Ultimately, the appeal was allowed by remand, and the Miscellaneous Application for submitting additional evidence was also resolved.

In summary, the judgment focused on the admission of additional evidence, the necessity for a dated Certificate for proper assessment, the decision to remand the case to the original authority, the directive to allow credit as per legal provisions, and the stipulated timeline of eight weeks for completing the proceedings. The Tribunal's decision aimed to ensure a comprehensive review of the evidence and a just resolution within a specified timeframe.