2008 (3) TMI 698 - AT - Central Excise

Summary

Issues:
Non-compliance with Section 35F of the Central Excise Act in filing an appeal before the Commissioner (Appeals).

Analysis:
The appeal was filed against an order by the Commissioner (Appeals) that dismissed the appeal due to non-compliance with Section 35F. The appellant had deposited the demanded duty and penalty during the pendency of the appeal, as noted by the Commissioner (Appeals) himself. However, the Commissioner (Appeals) held that the deposits should have been made before filing the appeal, overlooking the specific requirement of Section 35F. The Commissioner (Appeals) relied on a Supreme Court judgment under the Customs Act, but it was noted that the judgment did not mandate predeposit before filing the appeal, similar to the provisions of Section 35F.

The Appellate Tribunal set aside the impugned order and directed the lower appellate authority to consider the appeal on its merits. The appellant had complied with the predeposit requirement under Section 35F, and thus, the appeal was allowed by way of remand for a fresh consideration in accordance with the law and principles of natural justice.

In conclusion, the Tribunal found that the Commissioner (Appeals) had not properly examined the provisions of Section 35F and misinterpreted the Supreme Court judgment. The Tribunal emphasized the importance of complying with the predeposit requirement under Section 35F and ordered a remand for a fair consideration of the appeal on its merits.