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of <h1>Manufacturer's Duty Exemption Appeal Denied by Tribunal despite High Court Challenge</h1> <h3>VEEKAY PAPERS Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III</h3> VEEKAY PAPERS Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III - 2004 (164) E.L.T. 308 (Tri. - Mumbai) Issues:1. Exemption from payment of duty on release paper under Notification No. 49/87-C.E.2. Denial of exemption by Assistant Collector and subsequent legal challenges.3. Jurisdiction of Appellate Tribunal to entertain appeal against order passed under Section 35E(2) of the Act.4. Delay of 459 days in filing the appeal and grounds for condonation of delay.Analysis:1. The appellant, a manufacturer of release paper, sought exemption from duty payment under Notification No. 49/87-C.E. The department, after testing the product, determined that it did not qualify for exemption due to its composition. This led to a notice proposing denial of the exemption, which was upheld by the Assistant Collector. Subsequently, the appellant challenged this decision before the Bombay High Court through a writ petition. The High Court directed the Collector to review the Assistant Collector's proceedings and issue appropriate orders under Section 35E(2) of the Act, resulting in the Collector affirming the denial of exemption.2. Dissatisfied with the Collector's order, the appellant appealed to the Bombay High Court, which dismissed the writ petition citing an alternate remedy available under Section 35B of the Central Excises & Salt Act, 1944. The High Court emphasized that since an appeal could be filed under Section 35B, no interference was warranted in the writ petition, leading to the current appeal before the Appellate Tribunal.3. The Departmental Representative raised a jurisdictional objection, arguing that the Tribunal lacked the authority to entertain an appeal against the Collector's order under Section 35E(2) of the Act. Citing the Supreme Court's decision in Union of India v. Kirloskar Pneumatic Co. Ltd., the Representative contended that the Tribunal must adhere to the Act's provisions. However, the appellant's Advocate argued that the Tribunal was bound by the High Court's directions and judicial propriety, despite the absence of a specific provision for such appeals in the Act.4. Addressing the delay of 459 days in filing the appeal, the Tribunal rejected the appellant's grounds for condonation. The Tribunal found that the appeal timeline should have been calculated from the date of communication of the Collector's order, not the High Court's directive. The appellant's contentions regarding the Collector's erroneous order, request for non-implementation, and lack of preamble in the order were deemed insufficient reasons to justify the delay. Consequently, the Tribunal concluded that the appeal was time-barred and dismissed it.This comprehensive analysis of the legal judgment highlights the issues surrounding exemption claims, administrative decisions, jurisdictional challenges, and procedural aspects related to filing appeals within the stipulated timelines.
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