1999 (10) TMI 503 - AT - Central Excise

Summary

Issues: Violation of principles of natural justice in passing the impugned order without considering submissions and without providing an opportunity for hearing.

In this case, the applicants were engaged in the manufacture of textile fabrics under a compounded levy scheme. The dispute arose when the Commissioner of Central Excise determined the annual capacity of production by including the length of an unusable part (gallery) of a machine, despite the applicants' contention that the gallery did not impact the manufacturing process. The Commissioner's decision was made without considering the submissions of the applicants and without providing them with a hearing. The applicants challenged this decision, alleging a violation of the principles of natural justice. The Tribunal found merit in the applicants' argument, noting that the impugned order was passed in clear violation of the principles of natural justice. The Tribunal allowed the stay application unconditionally and proceeded to dispose of the appeal based on the established violation.

The learned Chartered Accountant representing the applicants argued that the impugned order failed to consider the written submissions regarding the gallery's irrelevance to the manufacturing process and that the applicants were not given an opportunity to explain their stance on the measurements for determining the annual production capacity. Citing a previous final order by the Tribunal in a similar case, the Chartered Accountant contended that the impugned order was akin to an ex parte order and should be set aside. The Tribunal agreed with this argument, emphasizing the need to uphold principles of natural justice. Consequently, the Tribunal set aside the impugned order and remanded the matter to the Commissioner of Central Excise for fresh consideration in compliance with the law and principles of natural justice. The Commissioner was directed to consider the written submissions, provide a personal hearing to the applicants, and issue a speaking order promptly.

In conclusion, the Tribunal allowed the appeal by way of remand, highlighting the importance of adhering to principles of natural justice in administrative decision-making processes. The judgment serves as a reminder of the significance of providing parties with a fair opportunity to present their case and be heard before decisions are made, ensuring procedural fairness and upholding the rule of law in such matters.