2007 (4) TMI 597 - AT - Central Excise

Summary

Issues:
1. Appeal rejected on time bar by Commissioner (Appeals)
2. Tribunal remanded the matter to Commissioner (Appeals) for fresh decision on time bar
3. Commissioner (Appeals) did not proceed to decide the appeal on merits
4. Joint Commissioner filed an application to restore the appeal for deciding on merits

Analysis:

1. The Tribunal initially set aside the impugned order of the Commissioner (Appeals) which rejected the appeal on the grounds of being time-barred. The matter was remanded to the Commissioner (Appeals) for a fresh decision on the issue of time bar, considering the appellant's submission. However, it was noted that the Commissioner (Appeals) did not pass any orders on the merits of the case, focusing solely on the point of limitation.

2. Subsequently, the Joint Commissioner filed an application seeking to restore the appeal that had been disposed of by the Tribunal. The application requested that the appeals filed by the assessee should be decided on merits by the Tribunal since the Commissioner (Appeals) had not addressed the case on its substantive aspects.

3. The Tribunal, upon reviewing the situation, found no merit in the revenue's prayer to recall the earlier order and decide the appeal afresh on its merits. It was clarified that the Tribunal had already disposed of the appeal filed by the assessee, and the responsibility of deciding the matter on merits lay with the Commissioner (Appeals) in the de novo proceedings. The Tribunal emphasized that if either party was dissatisfied with the Commissioner (Appeals)'s decision in the subsequent proceedings, they could appeal before the Tribunal.

4. The Tribunal concluded that the Commissioner (Appeals) was expected to proceed with the case on its substantive aspects after determining that the appeal was filed within the prescribed time limit. Therefore, the Tribunal dismissed the application filed by the Joint Commissioner, stating that the matter of deciding the appeal on its merits was within the jurisdiction of the Commissioner (Appeals) in the de novo proceedings.

This detailed analysis of the judgment highlights the procedural aspects concerning the rejection of the appeal on time bar, the remand to the Commissioner (Appeals) for fresh decision, and the subsequent application to restore the appeal for consideration on its merits.