2009 (3) TMI 1022 - HC - Central Excise

High Court affirms remand decision under Central Excise Act. Prejudice noted. Fair procedure emphasized.

The High Court upheld the Tribunal's decision to remand the case to the Original Authority under section 35G of the Central Excise Act, 1944. The Court ... - Issues involved: Challenge to Tribunal's order u/s 35G of Central Excise Act, 1944 regarding seized documents and cross-examination opportunity.Seized Documents Issue:The Tribunal found that the dealer-assessees were not able to participate meaningfully in the proceedings due to the non-release of seized documents. The High Court noted that lack of opportunity in returning the seized documents and the failure to permit cross-examination of witnesses may have prejudiced the dealer-assessees. The Court upheld the Tribunal's decision to remand the case to the Original Authority for a fresh order, emphasizing the importance of adopting a fair procedure and returning the un-relied documents as per relevant circulars.Cross-Examination Opportunity Issue:The Tribunal also highlighted that the dealer-assessees were not allowed the opportunity to cross-examine the witnesses whose statements were relied upon in the proceedings. The High Court concurred with the Tribunal's findings and dismissed the appeal, affirming that the Tribunal correctly remanded the case for a fresh order to be passed by the Original Authority. The Court emphasized the necessity of following fair procedures and returning un-relied documents in accordance with circulars, thereby upholding the Tribunal's decision.