2008 (3) TMI 564 - AT - Central Excise

Interpretation of statute - Appellate Tribunal s order - The appellant s contention is that earlier order having been set aside by the Tribunal without any direction to re-adjudicate the matter, the Commissioner having no jurisdiction to pass the impugned order in de novo proceedings, cannot confirm duty and penalty - Held that - Once the impugned order is set aside unconditionally, the Commissioner, in my view, was not right in re-opening the proceedings to re-decide the matter afresh in the absence of any direction to the contrary - the impugned order having been passed without jurisdiction, appeals are allowed.

Summary

Issues:
1. Jurisdictional issue regarding the authority to issue show cause notice and adjudicate the case.
2. Validity of the Commissioner's order confirming duty and imposing penalties without specific directions for re-adjudication.

Issue 1: Jurisdictional Issue
The appellant, engaged in manufacturing iron and steel products, received a show cause notice alleging clandestine removal and denial of Modvat credit. The Joint Commissioner disallowed the credit and imposed penalties. The Commissioner of Central Excise (Appeals) upheld this decision, leading to an appeal before the Tribunal. One ground of appeal was the jurisdictional issue related to the authority issuing the notice. The Tribunal dismissed this ground without considering it on merit, stating it was not pressed. However, the High Court directed the Tribunal to entertain the jurisdictional issue. The Tribunal, after condoning the delay, set aside the original order, emphasizing that adjudication should have been done by the Commissioner/Additional Commissioner as per Circular No. 299/15/97-CX.

Issue 2: Validity of Commissioner's Order
Subsequently, the Commissioner passed an order confirming duty and penalties. The appellant contended that since the Tribunal's order set aside the original decision without specific directions for re-adjudication, the Commissioner lacked jurisdiction to issue the impugned order. The revenue argued that the Tribunal's observation implied that re-adjudication by the Commissioner was within his jurisdiction. The Tribunal's order on the appellant's miscellaneous application highlighted that the case should have been adjudicated by the original authority at the level of Commissioner/Deputy Commissioner, but it did not explicitly direct re-adjudication. Citing a similar case, the Tribunal clarified that setting aside an order without specific directions did not empower the original authority to conduct de novo proceedings.

In conclusion, the Tribunal found that the Commissioner's order was passed without jurisdiction due to the lack of specific directions for re-adjudication in the Tribunal's order. The Tribunal held that the Commissioner should not have re-opened the proceedings without clear instructions to do so. The issue of the Joint Commissioner's competence to adjudicate, based on subsequent circulars, was not considered in the present proceeding as it had been previously adjudicated. Consequently, the Tribunal set aside the impugned order and allowed the appeals with consequential relief to the appellants.