2001 (1) TMI 830 - AT - Central Excise

Tribunal emphasizes document disclosure importance, department's request deemed unreasonable. Caution against revenue loss.

CCE, MUMBAI-I Versus MALLEABLE IRON & STEEL CASTINGS CO. PVT. LTD.

CCE, MUMBAI-I Versus MALLEABLE IRON & STEEL CASTINGS CO. PVT. LTD. - 2002 (149) E.L.T. 1195 (Tri. - Mumbai) Issues:1. Failure to provide a copy of a crucial document to the assessee during proceedings.2. Department's request to waive the requirement of providing the document.3. Inefficiency of the department leading to substantial loss of revenue.4. Abuse of process of court in seeking a review of the Tribunal's order.5. Lack of power for the Tribunal to review its own orders.Issue 1: Failure to provide a copy of a crucial document to the assessee during proceedings.The Tribunal had remanded the matter for de novo adjudication due to the quantification of duty not being properly communicated to the assessee. The department failed to provide a copy of the crucial letter dated 30-4-1982, which was the genesis of the demand, to the assessee despite repeated requests. The Tribunal emphasized that the principles of natural justice required furnishing this document along with the show cause notice. The department's claim of losing the document after four years and seeking to waive the requirement was deemed unreasonable and a violation of established tenets of natural justice.Issue 2: Department's request to waive the requirement of providing the document.The department, in its application, sought to waive the earlier direction of providing the document to the assessee. However, the Tribunal found no merit in this request, highlighting that the inefficiency of the department cannot be a basis for amending their orders. The Tribunal dismissed the department's application, emphasizing that the incompetence of the office would result in a substantial loss of revenue, and the request to waive the document provision was unreasonable.Issue 3: Inefficiency of the department leading to substantial loss of revenue.The Tribunal expressed surprise at the department's application, noting that the department's attempt to capitalize on its own lapse was unjustifiable. The Tribunal emphasized that the department's inefficiency in losing the crucial document and then seeking to waive the requirement demonstrated a disregard for natural justice principles. The Tribunal dismissed the application, cautioning the department that such inefficiency could result in significant revenue loss.Issue 4: Abuse of process of court in seeking a review of the Tribunal's order.One of the Members of the Tribunal highlighted that seeking a review of the Tribunal's order nearly four years after its issuance amounted to an abuse of the court's process. The Tribunal emphasized that once an order is made, it becomes functus officio, and the Tribunal lacks the power to review its own orders. The Member underscored that the department's attempt to have the Tribunal review its order through a miscellaneous application was improper and could set a negative precedent for future litigants.Issue 5: Lack of power for the Tribunal to review its own orders.The Member further emphasized that the Tribunal does not possess the authority to review its own orders under the relevant legislative provisions. Highlighting that the Parliament did not grant the Tribunal the power to review orders under the applicable Acts, the Member cautioned against allowing litigants to invoke the Tribunal's review power through miscellaneous applications. The Member joined in dismissing the department's application, reiterating that seeking a review through such means was an inappropriate exercise by the department.