1997 (11) TMI 112 - HC - Central Excise

Summary

Issues:
1. Disallowance of deemed Modvat credit by the Superintendent of Central Excise and Customs.
2. Ex parte order confirming demand and imposing penalty by respondent No. 4.
3. Dismissal of appeal in default by the appellate authority.
4. Failure to exercise power as the appellate authority in accordance with law.
5. Violation of principles of natural justice.

Detailed Analysis:
1. The petitioner, a SSI unit availing exemption under Notification No. 1/93, claimed deemed Modvat credit on re-rolling iron and steel ingots. The Superintendent issued a show cause notice disallowing a portion of the credit. The petitioner denied the allegations and reiterated entitlement to the credit.
2. Despite the petitioner's denial, an ex parte order was passed by respondent No. 4 confirming the demand and imposing a penalty. The petitioner was not represented during this process, leading to the order being issued without the petitioner's input.
3. Subsequently, the petitioner's appeal against the order was dismissed in default. The petitioner argued that the dismissal was solely due to non-compliance with directions during the appeal process and contended that the appellate authority failed to exercise its power in accordance with the law.
4. The High Court observed that the dismissal of the appeal for non-compliance with a condition for stay did not justify dismissal in default. The Court held that the Tribunal should have decided the appeal on its merits and that the failure to follow principles of natural justice required setting aside the impugned order.
5. Consequently, the High Court allowed the writ petition, setting aside the Tribunal's order and directing the appellate Tribunal to dispose of the appeal expeditiously, ensuring a hearing for the petitioner on the merits of the case. The Court emphasized the importance of adhering to principles of natural justice in the appellate process.