2018 (10) TMI 78 - AT - Central Excise

Principles of natural justice - appellant case is that on receipt of the show cause notice they have requested the department for supply of relied upon documents from time to time, which were not handed over to them inspite of several efforts - Recovery of Central Excise Duty - Held that - The appellants be provided copies of the documents as requested by them, as mentioned in their various letter, and the appellants would bear the necessary copying charges as agreed - The Department is directed to supply all these documents within one months from the date of communication of this order and thereafter the appellants should file their reply to the notice within one months from the date of receipt of the relevant documents - appeal allowed by way of remand.

Summary

Issues:
Appeal against order-in-original passed by Commissioner of Central Excise for recovery of Central Excise duty, interest, and penalty on alleged processing and clearance of manmade fabrics as cotton fabrics.

Analysis:
The appeals were filed against the order-in-original passed by the Commissioner of Central Excise, Thane-I, alleging that the appellant had processed and cleared manmade fabrics as cotton fabrics. The demand for recovery of Central Excise duty not paid during a specific period was confirmed with interest and penalty. The appellants contended that necessary documents were vital for their defense, but despite requests, these documents were not supplied to them. The Ld. Advocate for the appellants argued that without these documents, their reply to the allegations in the notice would not be possible. The Revenue reiterated the findings of the Commissioner, stating that despite opportunities, the appellants failed to collect the documents. The Ld. Advocate rebutted this charge, highlighting that the appellants had requested the documents and visited the office for collection, but the documents were not handed over to them.

The Tribunal, after hearing both sides and perusing the records, noted that the Commissioner had decided the issue based on the available records as the appellants had failed to file their reply to the show cause notice. It was acknowledged that the documents seized from the appellants' premises were relevant for preparing a reply to the notice, but they were not provided to the appellants despite their requests and visits to the office. To resolve the dispute, the Tribunal directed the department to supply all requested documents to the appellants within one month, with the appellants bearing the necessary copying charges. The appellants were instructed to file their reply within one month of receiving the documents, and they assured the Bench of their participation in the adjudication proceeding without seeking unnecessary adjournments. The Tribunal expected the denovo proceeding to be completed within four months from the date of the order. All issues were kept open, and the appeals were allowed by way of remand.