2008 (6) TMI 71 - AT - Service Tax

Copies of seized documents relied upon in SCN was not supplied - Violation of principle of natural justice - that the department is bound to supply all the relied upon documents in the show cause notice. The assessee is also entitled to take copies from the seized documents even if the same had not been relied for the purpose of raising effective defence matter remanded

Summary

Issues:
Violation of Principles of Natural Justice in not supplying all relied upon documents in the show cause notice.

Analysis:
The appeal in this case arose from an Order-in-Appeal passed by the Commissioner of Customs & Central Excise, Guntur, affirming demands of Service Tax on service charges collected under 'Rent-a-Cab' Operator System. The appellants contended that there was a denial of Principles of Natural Justice as they were not supplied with all the documents and worksheets on which the show cause notice was issued. They argued that only a few documents were provided, such as mahazar, statements, and bills, while the rest were withheld. The appellants cited four judgments to support their claim. The Commissioner (A) mentioned acknowledgements signed by the appellants, acknowledging receipt of copies, but the appellants disputed this, stating that they had only acknowledged the receipt of a partial set of documents. The appellants requested a remand of the case, alleging that investigating officers had forcefully collected money during the investigation, which should have been refunded instead of being appropriated towards the alleged dues.

The learned Counsel for the appellants prayed for a remand of the case, emphasizing that the appellants had a strong case on merits and were eligible for deductions related to goods transported vehicles. On the other hand, the learned SDR defended the order and highlighted the findings of the Commissioner (A) regarding the supply of documents. The Tribunal, after considering the submissions, held that the department was obligated to supply all relied upon documents in the show cause notice. The Tribunal ruled that the assessee should be allowed to take copies from seized documents for an effective defense, even if those documents were not explicitly relied upon in the notice. As it was not evident that all seized documents were provided to the appellants, the Tribunal found a violation of Principles of Natural Justice. Consequently, the Tribunal allowed the appeal by remanding the case to the Original Authority for a fresh examination after supplying all relied upon documents to the appellants. The Original Authority was directed to allow the appellants to examine all documents, including those not relied upon, and to grant an opportunity for additional replies. The Original Authority was instructed to pass a considered speaking order within four months, following the Principles of Natural Justice.

This judgment underscores the importance of upholding Principles of Natural Justice in administrative proceedings, particularly in the context of providing access to all relevant documents for effective defense. The ruling emphasizes the right of the assessee to examine and obtain copies of seized documents, even if not explicitly relied upon in the notice, to ensure a fair and just process. The decision to remand the case for a fresh examination by the Original Authority reflects the Tribunal's commitment to ensuring procedural fairness and adherence to legal principles in adjudicating disputes related to tax matters.