2010 (3) TMI 572 - AT - Central Excise

Natural Justice - Stay application dismissed without hearing by Commissioner (Appeals). Held that - in the light of various decisions that impugned order passed in violation of principle of natural justice set aside. Matter remanded to Commissioner (Appeals) to decide afresh applications for waiver of pre-deposit.

Summary

Issues involved:
Common issue of waiver of predeposit amounts in dispute due to non-compliance with Section 35F of the Central Excise Act, 1944.

Detailed Analysis:

1. Issue of Non-Compliance and Lack of Opportunity for Hearing:
The appellants filed stay petitions for waiver of predeposit amounts in dispute. The Commissioner (Appeals) dismissed the appeals due to non-compliance with Section 35F. The appellants argued that the Commissioner passed the order without granting them an opportunity of hearing, which violated principles of natural justice. They cited relevant decisions from the Hon'ble Madras High Court and the Hon'ble Delhi High Court to support their contention.

2. Legal Interpretation and Precedents:
The Revenue relied on a Supreme Court decision to argue that the Commissioner could pass an order on waiver without a prior hearing. However, the Hon'ble Madras High Court and the Hon'ble Delhi High Court held that the opportunity of hearing is necessary before deciding on a predeposit application under Section 35F. The courts emphasized the importance of natural justice principles in such matters.

3. Application of Natural Justice Principles:
The Hon'ble Madras High Court clarified that the Apex Court's decision did not exclude the application of natural justice principles in stay/exemption applications. The court highlighted that the appellate authority must consider undue hardship to the appellant and impose conditions accordingly. Failure to consider these aspects could lead to the denial of the right of appeal, violating constitutional guarantees.

4. Remand and Opportunity of Hearing:
Based on the above legal interpretations, the Tribunal found merit in the appellants' argument regarding the violation of natural justice principles. Consequently, the impugned orders were set aside, and the matters were remanded to the Commissioner (Appeals) for a fresh decision. The Commissioner was directed to provide an opportunity of hearing to the appellants before deciding on the waiver of predeposit amounts, ensuring compliance with the law.

In conclusion, the Tribunal's decision emphasized the significance of affording parties an opportunity of hearing in matters of waiver of predeposit amounts to uphold principles of natural justice and ensure a fair adjudication process under the Central Excise Act.