2006 (10) TMI 43 - AT - Central Excise

Department unresponsiveness- Commissioner by non-implementing the tribunal order committing an act of indiscipline and he is directed to implement it immediately Order copy of this sent to different authority .

Summary

Issues: Non-implementation of Tribunal's order by Commissioner and the consequent direction for implementation.

In the present case, the Appellate Tribunal CESTAT, Bangalore, issued a Final Order setting aside the Order-in-Appeal passed by the Commissioner of Central Excise and directing the Revenue to refund the amount with interest. However, the Tribunal's order was not implemented by the Commissioner, leading to a Miscellaneous application being filed for direction. The Bench then directed the Commissioner to implement the order within two weeks, but the order remained unimplemented. The Tribunal noted the Commissioner's indiscipline and inability to comply with the order, emphasizing that the amount could not be adjusted against any other demand as the Tribunal had already set aside such demand in a separate order. The Tribunal deemed the non-implementation a serious matter and directed the Commissioner to comply immediately and report in person to the Bench. The Tribunal highlighted that the Revenue had not appealed against the Tribunal's order, making the direction for implementation just and proper. The Miscellaneous application was allowed, and a copy of the order was to be sent to the Chairman of the C.B.E.C. and the Revenue Secretary for necessary action against the Commissioner for defiance. The Registry was directed to issue the order promptly.