2000 (7) TMI 336 - AT - Central Excise

Summary

Issues: Violation of natural justice in passing interim stay orders without hearing, non-compliance with predeposit requirement, gross violation of principles of natural justice in passing final orders without hearing.

In this case, the Appellate Tribunal CEGAT, New Delhi, dealt with three stay applications where the applicants did not appear despite notice. The Tribunal decided to dispose of the appeals finally after allowing the stay applications due to a strong prima facie case in favor of the applicants. Upon examination of the impugned orders and connected records, it was found that the appeals were filed against orders of adjudication passed by the Assistant Commissioner, dismissed by the Commissioner (Appeals) solely for non-compliance with the predeposit requirement without delving into the merits of the case. The appellants had also filed separate stay applications seeking waiver of predeposit, which were disposed of without a hearing by granting interim stay orders for penalty amounts but directing predeposit of duty amounts within three weeks. The appellants requested modification of the interim stay orders citing financial constraints due to their unit being declared sick by BIFR, but the lower appellate authority rejected the appeals based on the technical ground of predeposit non-compliance, leading to the impugned orders.

The main ground of challenge against the impugned orders was the violation of natural justice, which was established through the records. The interim stay orders were found to be violative of natural justice as they were passed without giving the party an opportunity to be heard. Additionally, the orders lacked reasoning for finding that the appellants failed to establish a prima facie case of undue hardship. Consequently, the Tribunal set aside the interim stay orders and the final orders passed by the Commissioner (Appeals) for gross violations of natural justice principles. The appeals were allowed by way of remand, directing the Commissioner (Appeals) to pass fresh speaking orders on the stay applications and representations after providing a reasonable opportunity to the appellants. The Commissioner (Appeals) was instructed to consider only the predeposit of duty, as the predeposit of penalty had already been waived. The Commissioner (Appeals) was further directed to dispose of the appeals on merits, ensuring a similar opportunity for a hearing to the party, depending on the results of the stay applications.