2008 (8) TMI 115 - HC - Central Excise

Natural justice - Material which was collected at the back of the assessee in the preliminary investigation was not supplied to him assessee could not defend its case - ends of justice in the present case will be met, when impugned orders passed by the authorities are set aside and the matter is remanded back to the Adjudicating Authority for consideration afresh in accordance with law after affording opportunity of hearing to the assessee and confronting the material collected against it

Summary

Issues:
Appeal against order by Customs, Excise and Service Tax Appellate Tribunal raising substantial questions of law regarding Modvat credit availed on GP sheets, fraud allegations, time-barred notice issuance, and opportunity of being heard.

Analysis:
The case involved the appeal by the revenue against the order passed by the Customs, Excise and Service Tax Appellate Tribunal regarding the Modvat credit availed on GP sheets by the assessee, who was a manufacturer of motor vehicles/tractor parts. The revenue alleged that the assessee fraudulently claimed Modvat credit on GP sheets, which were not used as inputs for tractor parts, leading to a demand of Rs. 3,44,398/- and imposition of penalties. The Commissioner (Appeals) later ruled in favor of the assessee, stating that the demand was not sustainable. The Tribunal upheld this decision, emphasizing that the extended period of limitation could not be invoked due to the assessee's complete disclosure to the department.

The revenue contended that the assessee engaged in clear fraud by purchasing GP sheets instead of HR/CR sheets required for manufacturing OE parts, resulting in the wrongful claim of Modvat credit. They argued that the evidence from Original Equipment Manufacturers supported the fraud allegations, and the assessee failed to provide a valid explanation. The revenue criticized the Commissioner (Appeals) and the Tribunal for overlooking crucial evidence and ruling in favor of the assessee.

On the other hand, the assessee argued that the alleged duty evasion was time-barred, as the show cause notice was issued in 2002 for incidents occurring between 1997 and 1999. The assessee claimed to have disclosed all relevant information to the department, emphasizing a lack of natural justice in the proceedings. They cited a Supreme Court judgment to support their position. The High Court observed discrepancies in the handling of evidence and lack of opportunity for the assessee to confront the material collected against them during the preliminary investigation.

Ultimately, the High Court set aside the previous orders and remanded the matter back to the Adjudicating Authority for a fresh consideration, emphasizing the need for a fair opportunity of hearing and proper confrontation of evidence. This decision aimed to ensure justice by allowing the assessee to defend against the allegations effectively.