2018 (1) TMI 1267 - HC - Central Excise

Whether the decision of the learned Tribunal is perverse for the reason of not considering the point of limitation taken in the ground of appeal before it? Held that - the decision of the Tribunal is invalidated on the ground that the limitation question was not addressed to, we do not think any part of that order can be permitted to survive even though a part of the order might have had gone in favour of the appellant - the decision of the Tribunal delivered on 7th March, 2017 in Ex.Appeal No.248/09 is set aside and matter remanded to the Tribunal for consideration afresh. Appeal allowed by way of remand.

Summary

Issues:
Admission of appeal based on substantial question of law - Consideration of limitation point in the Tribunal's decision

Admission of Appeal based on Substantial Question of Law:
The High Court admitted the appeal based on the substantial question of law regarding the decision of the Tribunal being considered as perverse due to not addressing the point of limitation raised in the ground of appeal. The appellant had suggested six points for admission, but the Court admitted the appeal only on the issue related to the Tribunal's decision being perceived as flawed for not considering the limitation point. The Court decided to take up the appeal along with the stay petition for hearing, with the Counsel for the Revenue waiving the service of notice of appeal.

Consideration of Limitation Point in the Tribunal's Decision:
The case involved the appellant being served with a show cause cum demand notice in 2001 for allegedly availing MODVAT credit without utilizing inputs in the manufacture of final products. The Tribunal, in a previous round of proceedings, had set aside an ex parte order and remanded the matter for fresh adjudication. In the current appeal, one of the grounds raised by the appellant was that the show cause notice was time-barred. The Tribunal's decision, under appeal, upheld the duty demand and interest but set aside the penalty. The appellant contended that the Tribunal erred in not adjudicating the limitation point, which was a crucial aspect of the case.

The Court held that if a point is raised in the grounds of appeal and is fundamental to the controversy, the adjudicating forum must clearly address and provide findings on that issue. The Court rejected the Revenue's argument that the limitation point was implicitly considered, emphasizing the necessity for explicit findings on such crucial matters. The Court emphasized that the Tribunal's decision was flawed due to the lack of consideration of the limitation question, leading to the invalidation of the entire decision. Consequently, the Court set aside the Tribunal's decision and remanded the matter for fresh consideration, urging the Tribunal to expedite the process, considering the prolonged duration of the case since the issuance of the show cause notice in 2001.

In conclusion, the Court allowed the appeal and the stay petition, setting aside the Tribunal's decision and remanding the matter for fresh consideration, highlighting the importance of addressing fundamental legal issues such as the point of limitation explicitly in judicial decisions.