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of <h1>Tribunal upholds decision on confiscated goods, emphasizes natural justice principles</h1> <h3>Commissioner, Central Excise & Service Tax, Vapi Versus M/s Dincotex Pvt. Ltd.</h3> Commissioner, Central Excise & Service Tax, Vapi Versus M/s Dincotex Pvt. Ltd. - TMI Issues:1. Confiscation of seized goods and imposition of redemption fine.2. Demand of duty, interest, and penalty based on Panchnama and diary entries.Analysis:1. The appeal was filed by the Revenue against the order of the Commissioner (Appeals) setting aside the adjudicating order. The case involved the confiscation of seized goods and imposition of redemption fine. The Deputy Commissioner had already adjudicated the Show Cause Notice related to the seizure of goods, making the re-adjudication in the present de-novo order unsustainable. The Commissioner (Appeals) rightly found that the re-adjudication by the Adjudicating authority could not be upheld as the matter had already been settled earlier.2. The demand of duty, interest, and penalty was based on a Panchnama and diary entries. The Commissioner (Appeals) extensively analyzed the issue, highlighting discrepancies in the records and statements. The Panchnama and statements were retracted by several individuals, alleging coercion and duress during the process. The Adjudicating authority's reliance solely on the Panchnama and statements without allowing cross-examination violated the principles of natural justice. The Commissioner (Appeals) correctly emphasized the importance of cross-examination as a fundamental right in quasi-judicial proceedings, citing relevant legal precedents.3. The Revenue contended that the Panchnama, prepared in the presence of the Respondent Company's representative, did not require cross-examination of the Panchas. However, the absence of witnesses for cross-examination raised doubts about the validity of the evidence. The judgment referenced a case from the Delhi High Court, emphasizing the significance of providing the opportunity for cross-examination to accused parties in such proceedings. Ultimately, the Tribunal upheld the Commissioner (Appeals)' order, rejecting the Revenue's appeal.In conclusion, the judgment addressed the issues of confiscation of seized goods and the demand of duty, interest, and penalty based on the Panchnama and diary entries. The decision underscored the importance of adhering to principles of natural justice, including the right to cross-examination, in quasi-judicial proceedings, leading to the rejection of the Revenue's appeal.
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