2012 (6) TMI 254 - AT - Customs

Challenging the Powers of first appellate authority to remand the matter back to adjudicating authority - Held that - As the issue needs to be factually verified by the adjudicating authority as regards export obligation discharge certificate which were not submitted this exercise would be better left to the adjudicating authority, to be done with the documents available in the hands of the respondent as well as the authorities - against revenue.

Summary

Issues:
Appeal for out of turn hearing, remand of matter by first appellate authority, powers of first appellate authority to remand, verification of EODC by adjudicating authority, disposal of appeal by directing re-consideration.

Analysis:
The Revenue filed an application for out of turn hearing of Appeal No.C/271/2010, which was allowed due to the substantial amount involved. In the absence of the respondents, the matter was taken up for disposal. The Revenue contended that the first appellate authority had remanded the matter back to the original adjudicating authority for fresh consideration regarding non-submission of export obligation discharge certificate. The Revenue argued that the first appellate authority lacked the power to remand the matter.

Upon reviewing the submissions and records, the Tribunal found that the issue required factual verification by the adjudicating authority concerning the EODC, which needed to be presented before the authorities. The Tribunal opined that this verification should be conducted by the adjudicating authority using the available documents in the possession of both the respondent and the authorities. Consequently, the Tribunal determined that the appeal could be disposed of by directing the adjudicating authority to re-examine the issue afresh while adhering to the principles of natural justice.

Therefore, the Tribunal disposed of the appeal by instructing the adjudicating authority to reconsider the matter after ensuring compliance with the principles of natural justice. The judgment highlights the importance of factual verification by the adjudicating authority in cases involving the submission of essential documents like the export obligation discharge certificate.