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of <h1>Collector overstepped jurisdiction in order revision, court emphasizes adherence to hierarchy & expert opinions</h1> <h3>PUNALUR PAPER MILLS LTD. Versus ASSISTANT COLLECTOR OF C. EX.</h3> PUNALUR PAPER MILLS LTD. Versus ASSISTANT COLLECTOR OF C. EX. - 1989 (39) E.L.T. 11 (Kerala) Issues:1. Jurisdiction of the Collector of Central Excise to revise orders passed by subordinate officers under Section 35A(2).2. Validity of Collector's order setting aside the assessment order based on the Chemical Examiner's report.3. Adherence to the remand order issued by the Appellate Authority.4. Interpretation of the principles governing the classification of goods for tax purposes.5. Availability of alternate remedies and the court's jurisdiction under Article 226 of the Constitution.Analysis:1. The judgment revolves around the jurisdiction of the Collector of Central Excise to revise orders passed by subordinate officers under Section 35A(2) of the Central Excise Act. The Court highlighted that the Collector can only exercise suo motu revision powers over decisions made by officers subordinate to him, excluding decisions made on appeal under Section 35. In this case, the Collector attempted to revise an order issued by the Appellate Collector of Central Excise, which was beyond his jurisdiction. The Court emphasized that the Collector cannot indirectly nullify an appellate order by revising a subsequent order passed in compliance with the appellate decision.2. The validity of the Collector's order, Ext. P11, which set aside the assessment order based on the Chemical Examiner's report, was challenged. The Court noted that the Collector's disregard for the remand order issued by the Appellate Authority, directing assessment based on the Chemical Examiner's report, was impermissible. The Collector's attempt to ignore the expert opinion and revert to general parlance classification was deemed contradictory to the final remand order, which the Collector lacked the authority to overturn.3. The Court emphasized the importance of adherence to the remand order issued by the Appellate Authority. It was highlighted that the Collector, being of equal or lower authority compared to the Appellate Collector of Central Excise, could not disregard the remand order issued by the latter. The finality of the remand order, Ext. P6, meant that subsequent orders, like Ext. P7, based on the remand order, could not be set aside by the Collector in a revisional capacity.4. Regarding the classification of goods for tax purposes, the Court reiterated that goods are typically classified based on their common commercial understanding. However, in cases involving numerous product varieties, expert opinions, such as that of a Chemical Examiner, may be crucial in determining classification. The Court stressed that in such instances, the expert opinion should prevail, as directed by the Appellate Authority's remand order.5. The Court addressed the issue of alternate remedies and its jurisdiction under Article 226 of the Constitution. While acknowledging the general principle of refraining from interference when alternate remedies exist, the Court justified its intervention due to the Collector's lack of jurisdiction in the case. The prolonged pendency of the matter further supported the Court's decision to quash the Collector's order, Ext. P11, under Article 226.In conclusion, the judgment underscored the importance of respecting hierarchical orders, expert opinions in classification matters, and the limitations on revisional powers of authorities, ultimately upholding the rule of law and justice in administrative decisions.
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