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of <h1>Tribunal overturns appeal decision due to improper authorization, rules in favor of appellants</h1> <h3>MRINAL KANTI SARKAR Versus COMMISSIONER OF CUS. (PREV.), WEST BENGAL</h3> MRINAL KANTI SARKAR Versus COMMISSIONER OF CUS. (PREV.), WEST BENGAL - 2001 (135) E.L.T. 1018 (Tri. - Kolkata) Issues:1. Validity of the authorisation given by the Commissioner for filing an appeal.2. Proper adjudication authority for giving authorisation.Analysis:Issue 1: Validity of the authorisation given by the Commissioner for filing an appealThe judgment revolves around the validity of the authorisation granted by the Commissioner for filing an appeal. The Joint Commissioner issued an order-in-original, which was challenged by the Assistant Commissioner before the Commissioner (Appeals). The appellants contended that the authorisation should have been given to the same authority who adjudicated the case, i.e., the Joint Commissioner, rather than to the Assistant Commissioner. The Tribunal referred to the case law of Supreme Indus. Ltd. v. CCE, Indore, where it was held that authorisation given to a different authority to file an appeal against an adjudication order was improper. Citing the precedent, the Tribunal set aside the impugned order of the Commissioner (Appeals) and allowed the appeal of the appellants.Issue 2: Proper adjudication authority for giving authorisationThe judgment further delves into the importance of the proper adjudication authority for granting authorisation. It highlighted that in the case at hand, the authorisation was given to the Assistant Commissioner by the Commissioner, despite the adjudication being done by the Joint Commissioner. Drawing from the legal principles established in previous cases, the Tribunal concluded that the authorisation provided to the Assistant Commissioner was invalid on the face of it. By referencing the decision in Dhanpur Sugar Mills Co. Ltd., the Tribunal emphasized that the authority granting authorisation should be the adjudicating authority subordinate to the Collector. As the authorisation in this case did not align with this requirement, the Tribunal set aside the order of the Commissioner (Appeals) and ruled in favor of the appellants, granting consequential relief as necessary.In conclusion, the judgment primarily focuses on the procedural aspect of authorisation for filing an appeal, emphasizing the significance of aligning the authorisation with the adjudicating authority. By applying legal precedents and established principles, the Tribunal upheld the appellants' argument regarding the improper authorisation granted in the case, leading to the allowance of the appeal and consequential relief for the appellants.
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