2007 (4) TMI 546 - AT - Central Excise

Supreme Court grants interim stay in appeal challenging special audit order. Procedural fairness emphasized.

SHREE PRITHVI STEELS ROLLING MILLS P. LTD. Versus COMMR. OF C. EX., JAIPUR

The appellant sought interim stay of the Commissioner's order directing a special audit under Section 14A of the Central Excise Act, 1944. The Supreme ... Stay of order - Special auditing by a Cost Accountant Issues:1. Interim stay of order for special audit under Section 14A of the Central Excise Act, 1944.Analysis:The appellant sought interim stay of the Commissioner's order directing a special audit of the factory's accounts by M/s. K.G. Goyal & Co. under Section 14A of the Central Excise Act, 1944. Section 14A allows the Commissioner to direct a manufacturer to get their accounts audited by a Cost Accountant if the value has not been correctly declared or determined. The manufacturer must be given an opportunity to be heard regarding the audit findings. The Supreme Court, in a similar context under the Income Tax Act, held that the assessee should be notified and given a chance to contest the need for special auditors if they believe the accounts are not complex or it is not in the interest of revenue. In this case, the appellant was not informed about the audit direction, and the order lacked specifics on the incorrect declaration or determination of value. Consequently, the appellant established a prima facie case for an interim stay of the order, which was granted. The appeal is scheduled for final hearing on a later date.This judgment highlights the importance of procedural fairness in directing special audits under Section 14A. The appellant's right to be heard and contest the need for a special audit was emphasized based on the Supreme Court's interpretation in a similar provision under the Income Tax Act. Lack of notice and specific details in the order were considered detrimental to the appellant's case, leading to the grant of an interim stay. The decision to stay the order during the appeal process indicates the Tribunal's recognition of the need for a fair opportunity for the appellant to present their case before undergoing a special audit. The judgment underscores the principles of natural justice and the requirement for transparency and specificity in administrative orders, especially those impacting a party's rights and obligations.