2009 (10) TMI 796 - AT - Central Excise

Summary

Issues:
1. Appeal against rejection of request to remove excisable goods from job worker's premises.
2. Jurisdiction of filing appeal before Commissioner (Appeals) or Tribunal.
3. Applicability of Supreme Court judgment on communication of decision by lower authority.

Analysis:
1. The appellants sought permission to remove excisable goods from their job worker's premises, but the request was rejected by the jurisdictional Assistant Commissioner. The rejection was communicated to the appellant, leading to an appeal before the Commissioner (Appeals), who rejected it on the grounds that the decision conveyed in the letter is that of the Commissioner, necessitating filing the appeal before the Tribunal.

2. The advocate for the appellant argued that as per a Supreme Court judgment in CCE v. M.P. Steel Corpn., when the decision of the Commissioner is communicated by a lower authority, the appeal should be filed before the Commissioner (Appeals). In this case, the decision was made without giving the appellant an opportunity to present their case, and hence, there was no appealable order. The advocate proposed remanding the matter to the Commissioner for a fresh decision after allowing the appellant to present their case.

3. The advocate further differentiated the present case from the Supreme Court judgment by highlighting that the Commissioner's decision in the cited case was a policy decision, not specific to an individual. Therefore, in the interest of justice, it was suggested to remand the matter to the CCE Vadodara I for a decision after providing the appellant with an opportunity to present their case. This approach aimed to ensure fairness and adherence to due process in resolving the appeal.

This detailed analysis of the judgment addresses the issues raised regarding the rejection of the request to remove excisable goods, the jurisdiction for filing appeals, and the applicability of a Supreme Court judgment on communication of decisions by lower authorities.