2002 (8) TMI 548 - AT - Central Excise

Tribunal Invalidates Order, Emphasizes Procedural Compliance

The Tribunal set aside the Commissioner's order due to invalid recovery proceedings without an order from the Development Commissioner and exceeding the ... Demand - Adjudication - Show cause notice Issues:1. Recovery proceedings without order from Development Commissioner.2. Scope of show cause notice vs. confirmed duty and penalty under different sections.Analysis:1. The appellants, a 100% export-oriented unit, imported goods duty-free but failed to meet export obligations. The Commissioner confirmed duty demand and imposed penalties without an order from the Development Commissioner. The Counsel argued that recovery proceedings were invalid without such an order, citing relevant circulars and legal precedents. The Tribunal agreed, stating that recovery can only proceed after the Development Commissioner's order, as per circular No. 29/95. Letters from the Assistant Development Commissioner did not suffice. The impugned order was set aside on this ground.2. The Counsel also contended that the Commissioner exceeded the show cause notice's scope by confirming duty under a different section than proposed. The Commissioner imposed penalties under a section not mentioned in the notice, leading to an inconsistency. The Tribunal held that the Commissioner could not go beyond the notice's scope and should have corrected any errors before confirming duty and penalties. The impugned order was set aside on this basis as well.In conclusion, the Tribunal set aside the Commissioner's order and remanded the matter for a fresh decision in line with the observations made. The appeal of the appellants was allowed by way of remand, emphasizing the necessity for compliance with procedural requirements and consistency between show cause notices and final orders.