2008 (10) TMI 484 - AT - Central Excise

Summary

Issues:
1. Validity of the order of confiscation of excisable goods and imposition of penalties.
2. Compliance with provisions under which goods were proposed to be confiscated and penalties imposed.
3. Authorization for filing appeal before the Tribunal under Section 35B(2).

Analysis:
1. The appeal before the Appellate Tribunal CESTAT, CHENNAI was filed by the Revenue challenging an order of the Commissioner (A) that vacated the order of confiscation of excisable goods and penalties imposed on the assessee firm and its partner. The Commissioner (A) found that the show cause notice did not specify the provisions under which the goods were to be confiscated and the penalties imposed. The Revenue sought to justify the original authority's orders based on case law.

2. The Judicial Member reiterated the grounds taken in the appeal, emphasizing the importance of compliance with the legal provisions regarding confiscation of goods and imposition of penalties. The Counsel for the respondents presented a decision of the Tribunal in a similar case, highlighting the significance of proper authorization for filing appeals before the Tribunal.

3. The Counsel for the respondents argued that the authorization for filing the appeal in the present case was not valid as it was signed by the Commissioner, whereas the provisions of Section 35B(2) required such authorizations to be issued by the Committee of Commissioners. Referring to the specific dates and legal requirements, it was contended that the appeal filed by the Revenue was not maintainable due to the lack of proper authorization as mandated by the law.

In conclusion, the Appellate Tribunal dismissed the appeal filed by the Revenue, emphasizing the necessity of strict compliance with legal provisions, including the proper authorization for filing appeals, to maintain the validity and enforceability of orders related to confiscation of goods and imposition of penalties under excise laws.