2018 (3) TMI 331 - AT - Central Excise

Remission of duty - goods destroyed by fire - natural justice - Held that - as the appellants have not been given proper opportunity to defend themselves by the adjudicating authority, it would be appropriate that the matter is the remanded back to the adjudicating authority for fresh adjudication after giving proper opportunity to the appellants to defend their case - appeal allowed by way of remand.

Issues Involved:
1. Rejection of remission claims by the Ld. Commissioner without granting a chance for personal hearing.
2. Alleged violation of natural justice in the rejection of remission claims.
3. Contradiction in accepting values in demand notices and questioning the value in remission claims.
4. Delay in reporting fire incidents and non-submission of necessary documents by the appellant.
5. Lack of conclusive findings by the Ld. Commissioner in the impugned order.

Analysis:

Issue 1: Rejection of Remission Claims without Personal Hearing
The appellant filed an appeal against the rejection of their remission claims without being granted a chance for personal hearing by the adjudicating authority. The Ld. Advocate argued that this constituted a violation of natural justice. Citing previous judgments, the Advocate highlighted that the rejection on the grounds of delay in submission of the claim was not valid when there was no dispute about the loss due to fire. The Tribunal noted the absence of an opportunity for the appellant to present their case and deemed it a clear violation of natural justice.

Issue 2: Alleged Violation of Natural Justice
The Ld. Commissioner decided on the matter without providing the appellant an opportunity to defend themselves, leading to a violation of natural justice. The Tribunal observed that the appellant was not given any notice or chance for a personal hearing at any stage during the adjudication process. Due to this lack of opportunity, the Tribunal concluded that the matter should be remanded back to the adjudicating authority for fresh adjudication while ensuring the appellants are given a proper opportunity to defend their case.

Issue 3: Contradiction in Accepting Values
There was a contradiction noted in the case where the department accepted values in subsequent demand notices but questioned the value in the remission claims. The Tribunal highlighted this inconsistency, indicating that the values used in the remission claims were being questioned despite being accepted in the demand notices. This raised concerns about the assessment process and the need for consistency in evaluating claims.

Issue 4: Delay in Reporting Fire Incidents and Non-Submission of Documents
The Ld. AR argued that there was a delay in reporting the fire incidents and the appellant had not provided complete documents to the Department despite repeated requests. This delay impacted the Department's ability to verify the damage effectively. Citing judgments in support, the Ld. AR emphasized the importance of timely reporting and submission of necessary documents in such cases to facilitate proper assessment and verification of claims.

Issue 5: Lack of Conclusive Findings
The Tribunal noted that the Ld. Commissioner's order lacked conclusive findings despite making observations about various aspects such as delay in intimation of fire incidents, non-submission of documents, and production and clearance details. The absence of definitive conclusions raised concerns about the thoroughness of the assessment process and the need for a more detailed and conclusive analysis in such cases.

In conclusion, the Tribunal remanded the matter back to the adjudicating authority for fresh adjudication, emphasizing the importance of providing the appellants with a proper opportunity to defend their case and considering the judicial pronouncements cited during the proceedings.

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