1984 (12) TMI 309 - AT - Central Excise

Tribunal Remands Appeal, Allows Separate Filings

The Tribunal held that while filing a single appeal against multiple orders is not legal, the Appellate Collector erred in dismissing the appeal as ... - Issues: Appeal against rejection of refund claims, dismissal of appeal as nullity by Appellate Collector, legality of filing a single appeal against multiple orders.Analysis:The case involved the rejection of refund claims by the Superintendent of Central Excise, leading to an appeal by the appellants against this decision. The Appellate Collector of Central Excise, Calcutta dismissed the appeal as a nullity, stating that separate appeals should have been filed against each order or decision of the Superintendent. This decision was challenged by the appellants, leading to a Revision Application before the Government of India, which was transferred to the Tribunal and treated as an appeal.The appellants argued that filing a single appeal against multiple orders should be allowed, citing a precedent from the East Regional Bench. They contended that the issue in all four cases was common, and therefore, filing separate appeals for each order was merely a procedural matter. On the other hand, the Departmental representative argued that filing a single appeal against several orders was legally barred, but suggested that the Appellate Collector should have given the appellants the option to either file separate appeals or limit the scope of the single appeal to one order.After considering the submissions from both parties and the legal precedent cited, the Tribunal held that while filing a single appeal against multiple orders is not legal, the Appellate Collector erred in dismissing the appeal as nullity. The Tribunal directed that the impugned order be set aside, and the case be remanded back to the Collector (Appeals), Calcutta to dispose of the appeal filed in relation to only one of the disputed assessment orders. The appellants were given the option to file three more appeals against the remaining three assessment orders separately, in accordance with the law, with the question of limitation to be decided by the Collector (Appeals).In conclusion, the Tribunal ordered that the appeal be remanded back to the Collector (Appeals) for further proceedings, allowing the appellants to file separate appeals against each of the disputed assessment orders if they choose to do so.