2005 (6) TMI 41 - HC - Central Excise

Court emphasizes proper service in Commissioner (Appeals) order dispute under Central Excise Act

RAJSHREE DYEING & PRINTING MILLS PVT. LTD. Versus UNION OF INDIA

The High Court ruled in favor of the petitioner in a dispute concerning the service of the Commissioner (Appeals) order. The Court emphasized the ... Order - Service of Issues:1. Dispute regarding service of order of the Commissioner (Appeals) on the petitioner.Analysis:The judgment by the High Court revolved around the question of whether the order of the Commissioner (Appeals) was properly served on the petitioner. The petitioner had claimed that no delivery had been made by registered post as per information from the postal department. This assertion was supported by a communication dated 16th September, 2004. The Court noted the narrow compass of the dispute and the importance of ascertaining the factual position regarding the delivery of the order.The respondents were given time to verify the record of the department to determine the status of the delivery. Subsequently, an affidavit dated 22nd June, 2005, by the Commissioner (Appeals) was presented, reiterating the earlier communication. However, the Court highlighted that the petitioner's claims remained uncontroverted, as there was no evidence provided by the respondent authorities to prove the service of the order. The Court emphasized the requirement of service by registered post with acknowledgment due, as per Section 37C of the Central Excise Act, 1944.Consequently, the Court directed the respondent authorities to serve a copy of the order of the Commissioner (Appeals) on the petitioner by a specified date. The petition was allowed, and costs were imposed on the respondent authorities. Additionally, the Court ordered the return of a deposit made by the petitioner, considering their success in the case. The judgment underscored the importance of proper service and adherence to legal provisions in such matters.In conclusion, the High Court's decision centered on ensuring the due process of serving orders in compliance with legal requirements. The judgment highlighted the significance of providing evidence of service, particularly in cases involving registered post with acknowledgment due. By upholding the petitioner's claim of non-service based on uncontroverted evidence, the Court emphasized the need for procedural correctness and adherence to statutory provisions in administrative matters.