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of <h1>Tribunal Overturns Order for Fairness: Documents Essential for Legal Proceedings</h1> <h3>M/s. Kay Jay forgings Pvt. Ltd. Versus CCE, Ludhiana </h3> M/s. Kay Jay forgings Pvt. Ltd. Versus CCE, Ludhiana - TMI Issues Involved:1. Denial of natural justice due to non-supply of relied upon documents.2. Power of Commissioner (Appeals) to remand the matter post amendment in Central Excise Act, 1944.Issue 1: Denial of Natural Justice:The case involves an appeal against a Cenvat credit demand on the basis of alleged availing of credit through bogus invoices without receiving any material. The appellant contended that the documents mentioned in the show cause notice were not supplied, leading to denial of natural justice. Commissioner (Appeals) set aside the order of Jt. Commissioner due to lack of supplied documents, emphasizing the need for documents to file a proper reply and defend against the charges. The Tribunal remanded the matter for providing the required documents to the appellant for a fair hearing. The adjudicating authority later dropped the proceedings for non-supply of relied upon documents, citing efforts made to locate the documents but failing to do so.Issue 2: Power of Commissioner (Appeals) to Remand:The Revenue challenged the dropping of proceedings due to non-supply of documents. The appeal was based on the availability of relied upon documents and statements from involved parties confessing to the alleged misconduct. Commissioner (Appeals) remanded the matter again, stating that some documents had been supplied but others were still pending, directing the adjudicating authority to reconsider the case after providing all documents. The appellant sought early hearing due to the prolonged nature of the case and the department's failure to supply the required documents despite repeated directions.The final judgment set aside the impugned order and remanded the matter to the original adjudicating authority for de novo adjudication after ensuring the supply of all relied upon documents to the appellants for a fair hearing. The decision highlighted the importance of granting a personal hearing and directed the original authority to decide the matter within three months of document supply, considering the age of the case. The issue regarding the power of Commissioner (Appeals) to remand post-amendment was addressed by agreeing to remand the matter to the original authority if all documents were provided, ensuring procedural fairness and adherence to legal requirements.
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