2003 (11) TMI 395 - Commissioner - Central Excise

Final Order No. 874/2003-NB(B) dated 18-11-2003 in Appeal No. E/1858/2003-NB(B) Scrap - Electrical item scrap electrical motor parts scrap lead acid batteries and radiator scrap - Dutiability of

Summary

Issues:
1. Interpretation of Board's Circular on valuation of goods for depot sales.
2. Jurisdiction of Commissioner (Appeals) to review Tribunal decisions.

Analysis:

Issue 1: Interpretation of Board's Circular on valuation of goods for depot sales
The appeal by the Revenue was based on the contention that the decision by the Hon'ble CEGAT, which relied on the Supreme Court's decision in a specific case and the Board's Circular, was incorrect. The Revenue argued that the issue addressed in the Board's Circular was not relevant to the facts of the case regarding the valuation of goods for depot sales. The Circular in question dealt with the duty on value addition outside the factory premises, not specifically related to depot sales. The Revenue claimed that the reliance on this Circular by the Tribunal and the adjudicating authority was erroneous, leading to the dropping of the demand. However, the Commissioner (Appeals) noted that the Circular's scope did not align with the issue of valuation for depot sales, making the reliance on it inappropriate.

Issue 2: Jurisdiction of Commissioner (Appeals) to review Tribunal decisions
The Respondent contended that since the matter had been decided on its merits by the Hon'ble Tribunal, the only recourse for the Revenue was to file a civil appeal before the Tribunal under Section 35L of the Central Excise Act or a reference case petition before the High Court under Section 35H of the Act. The Commissioner (Appeals) concurred with this argument, emphasizing that being a subordinate functionary, they lacked the authority to challenge or review decisions made by the Tribunal. Citing a precedent where it was held that the Commissioner (Appeals) cannot disagree with or disobey Tribunal orders, the Commissioner (Appeals) concluded that the Revenue's appeal was not maintainable and subsequently rejected it.

In summary, the judgment clarified the limitations on the Commissioner (Appeals) in reviewing Tribunal decisions and highlighted the importance of aligning the legal arguments with the specific issues at hand, especially concerning the interpretation of relevant circulars and precedents.