2010 (10) TMI 940 - AT - Central Excise

Summary

Issues involved: Failure to provide copies of relied upon documents leading to delay in judicial process.

Summary:
1. The Tribunal found that the Commissioner did not comply with the directions in the remand order, leading to unnecessary delays in the case. The appellant had paid a partial amount of the dues, but the Commissioner did not provide copies of documents as directed by the Tribunal, causing grievances to the appellant.

2. The correspondence between the appellant and the Revenue showed repeated requests for copies of documents relied upon in the show cause notice. Despite the appellant's efforts to obtain the necessary documents for a fair defense, the Revenue failed to provide them, leading to further delays in the proceedings.

3. The Commissioner's impugned order criticized the appellant for alleged delay tactics, but the Tribunal noted that the Assistant Commissioner's report was factually incorrect. The appellant had indeed requested the documents on time, but the authorities did not respond adequately. The Commissioner's failure to ensure the provision of necessary documents resulted in a flawed decision-making process.

4. In light of the above observations, the Tribunal set aside the impugned order and remanded the matter to the Commissioner for fresh adjudication. The Commissioner was directed to promptly supply the copies of documents to the appellant within a specified timeline to avoid further delays. The appellant was instructed to cooperate and not seek unnecessary adjournments, emphasizing the importance of adherence to principles of natural justice.

5. The Tribunal disposed of the stay petitions and appeals in the mentioned manner, aiming to streamline the adjudication process and ensure fair treatment of the appellant in the proceedings.