2005 (2) TMI 255 - AT - Central Excise

Summary

Issues:
1. Dismissal of appeal by Commissioner (Appeals) on the ground of time limit.

Detailed Analysis:
The judgment involves two appeals filed by M/s. Vardhman Cables (India) and Shri Parag Jain, Director against the dismissal of their appeal by the Commissioner (Appeals) based on the time limit. The appellants argued that they had filed the appeal within the specified time limit as per Section 35 of the Central Excise Act. They contended that the Order-in-Original was communicated to them after the date of dispatch mentioned by the Assistant Commissioner. The Commissioner (Appeals) dismissed the appeal without providing an opportunity for the appellants to present their case or refute the information collected by him. The Tribunal agreed with the appellants, noting a violation of the principle of natural justice by the Commissioner (Appeals) for not disclosing the communication from the Assistant Commissioner and the Post Master to the appellants. As a result, the Tribunal set aside the impugned order and remanded the matter back to the Commissioner (Appeals) for a fresh decision. The Commissioner (Appeals) was directed to provide copies of the communication relied upon and grant a reasonable opportunity for a personal hearing to the appellants. Both appeals were allowed by way of remand, ensuring procedural fairness and adherence to natural justice principles.