2006 (11) TMI 535 - AT - Central Excise

Summary

Issues involved: Jurisdiction of the Tribunal to entertain the appeal regarding export of goods without payment of duty and non-furnishing of proof of export.

Summary:
The case involved Otis Elevator Company (India) Ltd. exporting excisable goods falling under Chapter 84 Headings 84.28 and 84.31 of the Schedule to the Central Excise Tariff Act, 1985. The dispute arose when the company failed to produce proof of export within the statutory period of six months from the date of export. The Dy. Commissioner confirmed a demand in one case, leading to an appeal by the Revenue before the Commissioner of Central Excise (Appeals). The Commissioner dismissed the appeal, stating that the proof of export was filed within the stipulated time. The Revenue then filed a Revision Application, which remanded the matter back to the original adjudicating authority for a fresh decision. The Dy. Commissioner confirmed a demand and imposed a penalty, leading to an appeal by the company before the Commissioner (A) Central Excise, which was rejected, resulting in the current appeal.

The Department raised a preliminary objection regarding the maintainability of the appeal, contending that the Tribunal had no jurisdiction to entertain the appeal due to the nature of the issue involving export of goods without payment of duty and non-furnishing of proof of export. The Tribunal, after hearing both sides, concluded that the appeal did not fall within the category specified by the Department. The Tribunal held that the appeal was not maintainable and should be presented before the appropriate forum. The Tribunal noted that the time spent before it would be saved by limitation due to the appellants' bonafide belief in the Tribunal's jurisdiction.

In conclusion, the Tribunal found that the appeal did not fall within the specified category and therefore was not maintainable before the Tribunal, directing the appeal to be presented before the appropriate forum with jurisdiction.