2012 (8) TMI 789 - HC - Central Excise

Court affirms dismissal of Revenue's appeal due to failure to meet statutory requirements

COMMISSIONER OF CENTRAL EXCISE, DELHI-I Versus KUNDALIA INDUSTRIES

COMMISSIONER OF CENTRAL EXCISE, DELHI-I Versus KUNDALIA INDUSTRIES - 2012 (279) E.L.T. 351 (Del.) Issues:1. Dismissal of appeal by Customs, Excise & Service Tax Appellate Tribunal (CESTAT) against Commissioner (Appeals) orders.2. Lack of opinion by Committee of Commissioners about the illegality of the order.3. Absence of authorization by the Committee of Commissioners to file an appeal on its behalf.Analysis:1. The CESTAT dismissed the appeal of the Revenue against the orders of the Commissioner (Appeals) due to two primary grounds. Firstly, the Committee of Commissioners did not form an opinion about the illegality of the order as required under Section 35B of the Central Excise Act. Secondly, there was no authorization by the Committee of Commissioners to file the appeal on its behalf. These requirements are deemed mandatory under the law, and the CESTAT found that neither condition was met.2. Section 35B(2) of the Central Excise Act mandates that the Committee of Commissioners must form an opinion before directing an appeal to be filed. The provision states that the Committee may direct an authorized Central Excise Officer to appeal if it believes that the order of the Commissioner (Appeals) is not legal or proper. In this case, the CESTAT observed that the Committee of Commissioners did not fulfill these prerequisites before dismissing the appeal.3. The record revealed that after the Commissioner (Appeals) passed the order, the matter was examined by Department officials at the level of Superintendent and Assistant Commissioner. They provided reasons for considering the appeal, stating that the order appeared incorrect, illegal, unfair, and merited review. However, the Committee of Commissioners, consisting of the Commissioner of Central Excise-I and Commissioner of Central Excise-II, merely signed the note without a meaningful consideration or recorded opinion as required by law. The lack of a documented opinion by the Committee of Commissioners led to the dismissal of the appeal by the High Court.In conclusion, the High Court upheld the CESTAT's decision to dismiss the appeal due to the failure to meet the statutory requirements set forth in Section 35B of the Central Excise Act. The judgment emphasized the necessity for the Committee of Commissioners to form a considered opinion and provide authorization before filing an appeal, highlighting the importance of compliance with procedural requirements in legal proceedings.