1. Dispute regarding entitlement to Small Scale Industries status and the admissibility of documents not produced before the tribunal. (Para 1 )
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1995 Supreme(SC) 920
SUPREME COURT OF INDIA
B.P.Jeevan Reddy : M.K.Mukherjee
Aroon Phospho Products Private Limited
Versus
Collector Of Central Excise, Bombay
Case No. : .
Date of Decision : 9/8/95
Advocates Appeared: Haksar A.N. : John K.J. : Sudhinderand R.
Advocates:
A.N.HAKSAR, K.J.JOHN, R.Sudhinderand
A.N.HAKSAR, K.J.JOHN, R.Sudhinderand
An appellate court cannot consider documents or evidence not filed before the lower tribunal, especially those issued after the tribunal's decision. The aggrieved party must approach the tribunal for reconsideration based on such new evidence.
Headnote:(A) Procedure - Consideration of new evidence in appeal - Documents not filed before the tribunal cannot be considered by the court, particularly when such documents were issued subsequent to the decision of the tribunal - The appropriate remedy is for the party to approach the tribunal for reconsideration of its orders in light of the said documents. (Para 1)
Facts of the case:
The appellant sought to establish a specific industry status based on a letter and a registration certificate. It was admitted that these documents were not filed before the tribunal during the original proceedings, and one of the documents was issued after the tribunal had already delivered its decision.
Findings of Court:
The court found that it cannot look into documents which were not filed before the tribunal, especially those issued after the tribunal's decision.
Issues: Whether the court can consider documents not presented before the tribunal to grant relief to the appellant.
Ratio Decidendi: Evidence not produced before the lower tribunal, and specifically documents created after the tribunal's decision, cannot be considered by the appellate court; the party must seek reconsideration from the tribunal according to law.
Result: Appeals dismissed.
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2. Appellant contends that subsequent documentation proves entitlement to Small Scale Industries status from the date of application. (Para 1 )
3. The court cannot consider documents not filed before the tribunal, especially those issued subsequent to the tribunal's decision. (Para 1 )
4. Documents not filed before the tribunal, particularly those issued after the tribunal's decision, cannot be considered by the court. (Para 1 )
5. Appeals dismissed with liberty to the appellant to approach the tribunal for reconsideration. (Para 1 , 2 )
6. Can a court consider documents that were not filed before the tribunal?
No, the court cannot look into documents which have not been filed before the tribunal. (Para 1 )
7. Can documents issued after a tribunal's decision be considered by the court?
No, the court cannot consider documents that were not filed before the tribunal, particularly when they were issued subsequent to the tribunal's decision. (Para 1 )
8. What is the legal remedy for a party wishing to introduce new documents after a tribunal's order?
The party may approach the tribunal and request a reconsideration of its orders in light of the new documents, according to law. (Para 1 )
(1) "MR. A.N. Haksar, the learned counsel for the appellant says that after the disposal of the appeal by the tribunal, the office of the General Manager, District Industries Centre, Thane, issued a letter dated 13/6/1994 to the appellant, stating that the appellant-unit is entitled to "SSI" status from the date of application for registration, namely, the year 1979. This letter refers to a SSI Registration Certificate granted on 4/12/1992, which says that the appellant-unit has commenced the production from 3/11/1975. Admittedly, both these documents were not filed before the tribunal. We cannot look into the documents which have not been filed before the tribunal and particularly when one of them has been issued subsequent to the decision of the tribunal. It is open to the appellant to approach the tribunal and ask for reconsideration of its orders in the light of the said documents, if he is so advised, according to law.
(2) THE appeals are dismissed with the aforesaid observations.
