1992 (11) TMI 177 - AT - Central Excise

Issues Involved:
1. Alleged evasion of duty by suppression of real assessable value.
2. Denial of inspection of relevant records.
3. Denial of Principles of Natural Justice.
4. Request for remand for de novo adjudication.

Issue-wise Detailed Analysis:

1. Alleged Evasion of Duty by Suppression of Real Assessable Value:
The appellants' factory premises were searched on 27th October 1983, and several records were seized. Based on these records, the department issued three show cause notices alleging evasion of duty. The department claimed that the appellants suppressed the real assessable value of the goods by recovering extra amounts over the declared prices via debit notes to cover service charges.

2. Denial of Inspection of Relevant Records:
The appellants contended that they were denied the inspection of the records on which the charges in the show cause notices were based. They highlighted that despite various requests and communications with the department, they were not granted sufficient opportunity for inspection. The appellants provided a detailed time chart documenting their repeated requests for inspection and the department's responses, which demonstrated the lack of cooperation from the department in facilitating the inspection.

3. Denial of Principles of Natural Justice:
The appellants argued that the denial of inspection amounted to a denial of the Principles of Natural Justice. They referred to a previous Tribunal order (No. 341/92-A dated 10th June 1992) in similar cases arising from the same investigation, where the Tribunal found that there was a denial of the Principles of Natural Justice due to the lack of inspection opportunity. The Tribunal had remanded those cases for de novo adjudication after ensuring inspection of the seized documents.

4. Request for Remand for De Novo Adjudication:
Given the identical nature of the present case to the previously adjudicated cases, the appellants requested that this matter also be remanded for de novo adjudication. They emphasized that the denial of inspection prevented them from adequately defending themselves. They sought an order similar to the previous Tribunal order, which directed the adjudicating authority to allow inspection of the relevant records and then proceed with adjudication.

Tribunal's Decision:
The Tribunal considered the submissions from both sides. It noted that the present appeal arose from the same investigation as the previous cases where the Tribunal had already found a denial of the Principles of Natural Justice. The Tribunal decided to remand the case to the adjudicating authority with specific directions:
- The Collector must supply copies of all documents relied upon in the show cause notice within one month from the receipt of the Tribunal's order.
- The appellants must furnish their reply to the show cause notice within one month after receiving the documents.
- The Collector must issue notices of hearing and pass an order within four months from receiving the reply.
- The entire process of readjudication must be completed within six months from the date of receipt of the Tribunal's order.
- The Collector must observe the Principles of Natural Justice and grant personal hearings to the appellants. If the appellants do not file a reply or appear for the hearing, the Collector is at liberty to proceed in accordance with the law.

The Tribunal's decision ensures that the appellants are given a fair opportunity to inspect the relevant records and defend themselves, thereby upholding the Principles of Natural Justice.

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