2008 (1) TMI 738 - AT - Central Excise

Revenue appeal dismissed due to lack of authorization & non est status under Central Excise Act.

The Tribunal dismissed the Revenue's appeal against the de novo Order-in-Appeal, citing lack of proper authorization under Section 35B(2) of the Central ... Appeal against non est order - Adjudication - Quasi judicial proceeding - Appeal by Department Issues:1. Appeal against the de novo Order-in-Appeal passed by the Lower Appellate Authority.2. Authorization for appeal under Section 35B(2) of the Central Excise Act, 1944.3. Validity of the Appellate Order based on approval slips.4. Limitation on proceedings and admissibility of slips prepared on the day of search.5. Lack of transparency in quasi-judicial proceedings and non est status of the appealed order.Analysis:1. The Revenue filed an appeal against the de novo Order-in-Appeal passed by the Lower Appellate Authority, contending that the new decision contradicted the earlier one and the Respondent was not entitled to relief based on the admitted facts. The Appeal Memo was criticized for containing argumentative submissions instead of concise grounds as required by Rule 8 of CESTAT (Procedure) Rules, 1982. Additionally, the authorization for the appeal lacked the necessary opinion of the Committee under Section 35B(2) of the Act, rendering the appeal unauthorized and incongruent with statutory requirements.2. The Revenue argued that the Appellate Authority unjustly changed its opinion based solely on approval slips, without sufficient basis for questioning the Respondent's actions. The Revenue sought interference in the Appellate Order due to the perceived lack of justification for the decision.3. The Respondent's counsel contended that the proceedings were time-barred, and the slips prepared on the day of the search were inadmissible as evidence. The retracted statement and uncontradicted handwriting expert opinion favored the Respondent, leading to the demerit of the Revenue's appeal.4. Upon hearing both sides and examining the record, the Tribunal noted discrepancies in the dates of the impugned order and the signing date by the Appellate Authority. The absence of proper documentation and transparency in the Lower Appellate Authority's proceedings raised concerns about the validity of the appealed order.5. The Tribunal found that the order appealed was non est as of the initial date mentioned, indicating a lack of clarity and transparency in the quasi-judicial proceedings. Due to the non est status of the order, a decision on the merits was deemed unnecessary, leading to the dismissal of the Revenue's appeal. The Tribunal emphasized the importance of introducing proper procedures to record proceedings in quasi-judicial settings for fairness and transparency, recommending action to ensure justice in such processes.