2004 (2) TMI 513 - AT - Central Excise

Summary

Issues:
Appeal against order-in-appeal rejected due to filing by Assistant Commissioner instead of adjudicating authority.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Mumbai involved a dispute where the revenue's appeal against an order-in-appeal was rejected because it was filed by the Assistant Commissioner instead of the adjudicating authority, the Additional Commissioner. The Commissioner (Appeals) based the rejection solely on this procedural ground, leading to the appeal before the Tribunal.

During the proceedings, the Departmental Representative (DR) presented arguments, while the respondents relied on judgments of Cegat in a specific case involving Commissioner of Central Excise, Nagpur v. Lloyds Metals and Engineering Ltd. The revenue, on the other hand, cited decisions of Cegat in cases such as Collector of Central Excise, Bangalore v. Falcon Tyres Ltd. and Sun Export Corporation v. Collector of Customs to support the contention that an appeal filed by any authorized officer is not invalid.

The Commissioner (Appeals) had considered a judgment of Cegat in the case of Dhampur Sugar Mills Co. Ltd. v. Commissioner of Central Excise, Meerut, which emphasized that only the "adjudicating authority" can be directed to file an appeal as per Section 35E(2). The Tribunal found that the contrary decisions cited by the revenue attempted to interpret other provisions allowing any authorized officer to file an appeal, but such interpretation was deemed against the express provision of the law. Consequently, the Tribunal concluded that the latter decisions, including the ones cited by the respondents, should be preferred over the revenue's arguments.

In light of the above analysis, the Tribunal upheld the decision of the Commissioner (Appeals) and rejected the revenue's appeal, emphasizing the importance of the adjudicating authority being the one to file an appeal in accordance with the relevant legal provisions.