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2007 (12) TMI 369 - AT - Central Excise
Issues involved:
Appeal against order under Section 14A of Central Excise Act, 1944 - Applicability of principle of natural justice - Appealability of order under Section 14A. Analysis: The appeals were filed against the order of the Commissioner of Central Excise under Section 14A of the Central Excise Act, 1944. The appellant contended that the order was passed without providing an opportunity of hearing, thus violating the principle of natural justice. It was argued that the appointment of special auditors without a hearing was prejudicial. Reference was made to a Supreme Court case emphasizing the civil consequences and the necessity of natural justice in such situations. The revenue, represented by the learned DR, argued that the order under Section 14A was not appealable. It was highlighted that the Commissioner's order had the prior approval of the Chief Commissioner, which was not covered under Section 35B of the Central Excise Act, 1944. Drawing parallels with a Supreme Court decision regarding the Income Tax Act, it was asserted that directions under Section 142(2A) were not appealable orders. Upon considering the arguments and examining the records, the judge found merit in the revenue's submissions. It was clarified that under Section 35B of the Central Excise Act, 1944, appeals could be filed against orders of the Commissioner of Central Excise as an adjudicating officer or Commissioner (Appeals) to the Appellate Tribunal. However, Section 14A of the Act pertained to special audits with the Chief Commissioner's approval, falling outside the scope of appealable orders. Citing the Supreme Court's stance on similar provisions in the Income Tax Act, the judge concluded that the appeals against orders under Section 14A were not maintainable before the Tribunal. Consequently, both appeals were dismissed. This comprehensive analysis of the judgment highlights the key arguments presented by the parties, the legal principles invoked, and the judicial reasoning leading to the decision.
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