2009 (2) TMI 518 - AT - Central Excise

Summary

Issues:
1. Stay of operation of Assistant Commissioner's order and Commissioner (Appeals) order.
2. Imposition of condition by Assistant Commissioner on permission application.
3. Jurisdiction of Commissioner (Appeals) to decide appeal against Assistant Commissioner's order.
4. Application of Circular No. 267/136/87-C.X. issued by CBEC.
5. Stay of the impugned order and tagging appeal with pending cases before Tribunal.

Analysis:
1. The case involved an application by M/s. Sterlite Industries (India) Limited seeking a stay on the operation of the Assistant Commissioner's order and the impugned order of the Commissioner (Appeals) which rejected their appeal against the Assistant Commissioner's order. The Commissioner (Appeals) dismissed the appeal on the basis that it challenged a condition imposed by the Commissioner in a similar order, not within his jurisdiction.

2. The appellants sought permission under Rule 4(6) of the CENVAT Credit Rules, 2004 to remove partially processed inputs to their sister unit for further manufacturing. The Assistant Commissioner imposed a condition holding the appellants liable for any loss on the inputs during transit or manufacturing, which was challenged by the appellants before the Commissioner (Appeals).

3. The Tribunal found that the Commissioner (Appeals) was competent to decide the appeal against the Assistant Commissioner's order. The imposition of a similar condition by the Commissioner of Central Excise did not bar the Commissioner (Appeals) from hearing the appeal. The impugned order was set aside, and the case remitted to the Commissioner (Appeals) for a fresh decision, ensuring the appellants get an opportunity for an effective hearing.

4. The appellants argued that the condition imposed by the Assistant Commissioner was contrary to Circular No. 267/136/87-C.X. issued by the CBEC. This argument was considered in the appeal process, leading to the decision to remit the case for a fresh decision.

5. The Tribunal allowed the appeal by way of remand, disposing of the stay application. The appellants' request to stay the impugned order and tag the appeal with pending cases before the Tribunal was addressed by remitting the case to the lower appellate authority for a fresh decision, ensuring the appellants' right to an effective hearing.

This detailed analysis covers the various issues involved in the legal judgment, highlighting the arguments presented by the parties and the Tribunal's decision on each issue.