2010 (1) TMI 1030 - AT - Central Excise

Summary

Issues: Jurisdiction of Commissioner (Appeals) to remand the matter.

Analysis:
The appeal in question stemmed from an order issued by the Commissioner (Appeals) that set aside the entire order passed by the adjudicating authority and remanded the matter for re-examination. The appellants, engaged in the manufacture of kitchen utensils and aluminum circles/strips, faced a show cause notice for alleged clandestine removal of products. The Additional Commissioner confirmed certain demands and dropped others, leading to an appeal before the Commissioner (Appeals). The crux of the challenge lay in the absence of jurisdiction of the Commissioner (Appeals) to remand the matter.

The legal provision under sub-section (3) of Section 35A of the Central Excise Tariff Act, 1985, dictates that the Commissioner (Appeals) must either confirm, modify, or annul the original authority's decision without the power of remand post the 2001 amendment. The impugned order, issued in 2008, post-amendment, lacked the authority to remand the matter. Citing the decision in Bharti Electronics v. Commissioner of Central Excise, Delhi-II, it was clear that the Commissioner (Appeals) overstepped by remanding the matter. Consequently, the order was deemed unsustainable, necessitating its setting aside and remand to the Commissioner (Appeals) for proper consideration in line with the law.

In conclusion, while other issues raised were left open, the appeal succeeded on the grounds of the Commissioner (Appeals) lacking the jurisdiction to remand the matter. The impugned order was set aside, and the matter was remanded for reevaluation by the Commissioner (Appeals) in adherence to legal provisions, thereby disposing of the appeal effectively.