2002 (4) TMI 491 - AT - Central Excise

Summary

Issues:
Appeal against Order-in-Appeal rejecting department's appeal against Order-in-Original dropping demand of Rs. 26,37,949; Commissioner (Appeals) not dealing with matter on merits; Review order passed by Commissioner allegedly time-barred and non-existent authorization for filing appeal.

Analysis:
The appeal was filed by the Revenue against the Order-in-Appeal that rejected the department's appeal against the Order-in-Original dropping a demand of Rs. 26,37,949. The Commissioner (Appeals) was criticized for not addressing the matter on merits but instead focusing on discrepancies committed by the Adj. Officer. The Commissioner's actions were deemed questionable, including passing two orders with different dates and overlooking serious issues. The lack of response from the respondents led to the hearing proceeding with the learned JDR and a review of the original file to verify the findings.

The Tribunal found factual inaccuracies in the Commissioner (Appeals)'s observations, particularly regarding the timeline of orders passed. It was clarified that the review order was within the stipulated period, considering the exclusion of the date of the original order. The issue of over-writing the date on the review order was also addressed, with the correction deemed as a minor error rather than an intentional act. The Tribunal disagreed with the Commissioner (Appeals)'s characterization of the situation as passing two orders or anti-dating the date.

Regarding the authorization for filing the appeal, the Tribunal disagreed with the Commissioner (Appeals)'s conclusion of non-existence. It was highlighted that the authorization letter provided by the Commissioner should be considered in conjunction with the grounds of appeal, and a technical view should not override the pursuit of justice. The Tribunal emphasized that the appeal should have been decided on its merits, and the legality of the Order-in-Original dropping the demand should have been examined.

Consequently, the Tribunal set aside the impugned order of the Commissioner (Appeals) and remanded the matter for a fresh decision on the department's appeal based on merits. The Commissioner (Appeals) was directed to conduct a thorough review after allowing both parties an opportunity to present their arguments.