2023 (12) TMI 308 - AT - Central Excise

Levy of Central Excise Duty - sale of computer systems - examination of documents not carried out properly - principles of natural justice - HELD THAT - There was a specific direction given in the remand order of Tribunal to pass order after considering the documents. It is seen from the impugned order that while it contains a list of documents numbers there is no examination of documents whatsoever even on the sample basis. The order of Commissioner is based on his belief that at the material time what was the practice in the trade. There is no examination whatsoever of the documents like invoices. Not even one invoice has been examined in detail. The impugned order merely repeats the allegations made in the show cause notice that too without giving any independent finding whatsoever. In this background, the impugned order which is based on presumptions cannot be sustained and the same is set aside. The onus of proving that the activity of manufacture had taken place was on the revenue and revenue has failed to fulfill the said obligation despite repeated opportunities being given. There are no merit in the case, the same is set aside - appeal allowed.

Summary

Issues involved: Confirmation of demand of Central Excise Duty on sale of computer systems, failure to examine documents by Commissioner (Appeals).

Confirmation of demand of Central Excise Duty on sale of computer systems:

The appeal was filed against the confirmation of demand of Central Excise Duty on the sale of computer systems. The Tribunal observed that the Appellant was engaged in the manufacture of computer systems and trading activity of computer parts. The Commissioner (Appeals) allowed the appeal to the extent that the resale of parts would not be dutiable. However, the main contention was that the value of trading goods was also being clubbed with the value of computer systems. The Tribunal set aside the impugned order and remanded the matter to the Commissioner (Appeals) to decide afresh after considering the documents. The Commissioner (Appeals) confirmed the demand of Central Excise Duty without examining the documents as directed by the Tribunal, leading to the appeal being allowed as the order was based on presumptions without proper examination of invoices.

Failure to examine documents by Commissioner (Appeals):

The Commissioner (Appeals) confirmed the demand of Central Excise Duty without examining the documents, despite specific directions in the remand order of the Tribunal to pass the order after considering the documents. The Commissioner's order was based on the belief of the trade practice at the material time without detailed examination of any invoices. The order merely repeated the allegations from the show cause notice without providing any independent findings. As a result, the order was set aside as it was based on presumptions and failed to fulfill the obligation of proving that the manufacturing activity had taken place. The appeals were allowed in light of the failure to examine the documents and lack of merit in the case.