2008 (2) TMI 782 - AT - Central Excise

Summary

Issues:
1. Adjournments granted at the instance of the revenue in a matter involving high revenue and remanded by the Apex Court.
2. Laxity on the part of the Commissioners in conducting cases before the bench, resulting in delays and disruptions in the Tribunal's work.

Analysis:

Issue 1:
The case involved a substantial amount of Rs. 3,06,81,239/- and a penalty, including a penalty of Rs. 95 lakhs on the Managing Director. The Final Order of the Tribunal, upholding the order passed by the Commissioner of Central Excise, Bangalore-III, confirmed the duty but remanded the matter for recomputation of duty considering modvat credit cum duty benefit and the time bar aspect. The appellants challenged this decision in the Apex Court, which remanded the matter back to the Tribunal for fresh consideration and disposal according to the directions provided. Despite multiple adjournments requested by the revenue, the Tribunal expressed dissatisfaction with the delays, emphasizing the need for readiness and progress in the proceedings, especially in a matter of such significance and complexity.

Issue 2:
The Tribunal highlighted concerns regarding the conduct of cases before the bench by the Commissioners, pointing out the lack of preparedness and interest in handling heavy matters. The bench, representing three states in the South, faced challenges due to the absence of necessary officials, including the Joint Commissioner of Central Excise (JCDR) and Senior DR (SDR). The Tribunal issued a stern reminder to the Hon'ble Secretary and Chairman to address the issue promptly, urging the Central Excise Department to assign an adequate number of DRs to ensure the Tribunal's work is not disrupted. As a final measure to address the delays and disruptions, the Tribunal adjourned the matter to a specified date, directing the registry to notify the concerned authorities about the situation and the need for immediate action to prevent further hindrances in the Tribunal's functioning.