2009 (10) TMI 547 - HC - Central Excise

Principles of natural justice and fair play - Revenue has submitted the report - report was not made available to the petitioners Held that - Commissioner to make available to the petitioners a copy of the report - If the petitioners report has not been made available the Commissioner to send a copy of that report also to the Revenue - If the petitioners file any reply to the report the Commissioner to hear the petitioners - Rule is made absolute as above with no order as to costs.

Summary

Issues: Violation of principles of natural justice and fair play regarding non-disclosure of reports; Incorrect imposition of penal interest under Section 11AB of the Central Excise Act.

Analysis:

1. Violation of Principles of Natural Justice and Fair Play:
The petitioners contended that the order of the Commissioner, which was challenged, did not make available the report submitted by the Revenue on 9th February, 2009, leading to a violation of principles of natural justice and fair play. The petitioners had submitted their report on 31st December, 2008, based on which the Revenue prepared their report. The Court found that not providing the petitioners with the Revenue's report for consideration before making a decision was indeed a violation of natural justice. The Court held that considering the report of 9th February, 2009, without giving the petitioners an opportunity to respond, was against the principles of fairness and justice. Consequently, the Court directed the Commissioner to provide the petitioners with a copy of the report dated 9th February, 2009, and if the petitioners' report from 31st December, 2008, was not shared, the Commissioner was instructed to send a copy to the Revenue.

2. Imposition of Penal Interest under Section 11AB of the Central Excise Act:
The petitioners argued that penal interest under Section 11AB of the Central Excise Act should not have been imposed as the section was introduced in the Act with effect from 28th September 1996, and thus, no interest was payable. The Commissioner had directed the payment of interest without considering this aspect. The Court acknowledged this submission and held that the order was incorrect in directing the payment of interest without taking into account the relevant provision of the Act. Therefore, the Court directed that the issue of interest payable should be decided while considering that Section 11AB of the Central Excise Act was introduced on 28th September, 1996. The Court emphasized the importance of correctly applying the legal provisions in such matters.

In conclusion, the High Court set aside the impugned order dated 29th June, 2009, and issued specific directions to the Commissioner to rectify the procedural and substantive errors identified in the petitioners' contentions. The Court emphasized the need for adherence to principles of natural justice, fair play, and accurate application of statutory provisions in administrative decisions, ensuring a fair and just outcome for the parties involved.