2004 (1) TMI 513 - AT - Central Excise

Summary

Issues:
- Interpretation of Section 35E(2) of the Central Excise Act regarding the authority empowered to file an appeal before the Commissioner (Appeals).

Analysis:
1. The appeal before the Appellate Tribunal CESTAT, Mumbai was filed by the revenue against the order-in-appeal passed by the Commissioner of Central Excise (Appeals). The dispute revolved around the interpretation of Section 35E(2) of the Central Excise Act, which specifies the authority entitled to file an appeal before the Commissioner (Appeals).

2. The Commissioner (Appeal) rejected the appeal filed by the Assistant Commissioner, citing that Section 35E(2) only allows an adjudicating authority to file an appeal before the Commissioner (Appeals). The Commissioner must direct "such authority" to apply for determination of specific points arising from the decision or order.

3. The revenue contended that the expression "such authority" in Section 35E(2) should be read in conjunction with the clause "as may be specified by the Commissioner in his order." However, the Tribunal found the grounds of appeal to be meritless. Section 35E(2) mandates the Commissioner to direct the appropriate authority to file an appeal before the Commissioner (Appeals).

4. The Tribunal highlighted that under Section 35B(2), the Commissioner can authorize any Central Excise officer to file an appeal to the appellate Tribunal on his behalf. In contrast, under Section 35F(2), the direction is specifically to "such authority," i.e., the adjudicating authority. Therefore, the Tribunal emphasized the importance of the correct interpretation of the relevant sections.

5. After thorough analysis, the Tribunal concluded that the order of the Commissioner (Appeals) was legally sound and justified. The Tribunal found no grounds for interference and upheld the validity and correctness of the decision made by the Commissioner (Appeals).

6. Consequently, the appeal filed by the revenue was dismissed by the Tribunal, affirming the validity of the order passed by the Commissioner (Appeals) in accordance with the provisions of the Central Excise Act.