1985 (2) TMI 179 - AT - Central Excise

Summary

Issues:
- Appeal transferred to Appellate Tribunal CEGAT, New Delhi under Section 35-P of the Central Excises & Salt Act, 1944.
- Dismissal of appeal for default of appearance and subsequent restoration.
- Exemption of raw naphtha from excise duty under Central Excise Notification No. 187/61.
- Movement of ammonia under Chapter X procedure.
- Demand for duty on the quantity of ammonia supplied to another factory.
- Absence of show cause notice rendering proceedings a nullity.

Analysis:

The judgment pertains to an appeal transferred to the Appellate Tribunal CEGAT, New Delhi under Section 35-P of the Central Excises & Salt Act, 1944. Initially filed as a revision application before the Central Government, the appeal was listed for hearing but dismissed for default of appearance by the appellants. However, on a subsequent date, after hearing both parties, the Bench set aside the dismissal order and restored the appeal for further proceedings.

The case involves the exemption of raw naphtha from excise duty under Central Excise Notification No. 187/61 for the manufacture of fertilizer. The appellants, engaged in fertilizer production, supplied ammonia to another factory under Chapter X procedure. A demand for duty on the supplied ammonia was made by the Central Excise authorities, triggering a series of proceedings leading to a reduction in the duty amount by the Assistant Collector, which was upheld by the Appellate Collector.

One of the key contentions in the appeal was the absence of a show cause notice before the demand for duty was issued. The appellants argued that the lack of a show cause notice rendered the entire proceedings a nullity. The Counsel for the appellants contended that the demand served without a show cause notice violated the principles of natural justice, making it invalid. The Respondent acknowledged the failure to issue a show cause notice, conceding that it should have been done.

Ultimately, the Tribunal found merit in the appellants' argument regarding the absence of a show cause notice, deeming the proceedings null and void due to the violation of natural justice principles. Consequently, the demand for duty on the supplied ammonia was set aside, providing consequential relief to the appellants.