1984 (9) TMI 276 - AT - Central Excise

Summary

Issues:
1. Jurisdiction of the Collector to file an appeal against the orders of the Central Board of Excise.
2. Interpretation of the term "aggrieved person" under Section 35B of the Central Excises and Salt Act, 1944.

Analysis:
1. The appeal was filed by the Department against the order of the Central Board of Excise, challenging the classification of goods manufactured by the respondents. The issue arose whether the Collector had the locus standi to file such an appeal. The Tribunal examined the provisions of Section 35B of the Central Excises and Salt Act, 1944, which outlines the circumstances under which an appeal can be filed. The Tribunal emphasized that post-amendment, the Collector's right to appeal is limited to specific orders, excluding appeals against the Board of Revenue. Citing precedents, the Tribunal held that allowing the Collector to appeal against the Board's orders would violate statutory provisions and create indiscipline. Consequently, the Tribunal ruled that the Collector lacked the standing to prefer the appeal against the Board's decision, leading to the dismissal of the appeal.

2. The interpretation of the term "aggrieved person" under Section 35B was a crucial aspect of the case. The respondents contended that the Collector could not be considered "any person aggrieved" under the Act. They relied on previous rulings to support their stance. On the contrary, the Department argued that the term should encompass the Government as a juristic person, citing relevant case law. The Tribunal analyzed the precedents cited by both parties and concluded that the specific provisions of Section 35B dictate the scope of appeal rights, which do not extend to appeals against the Board's decisions by the Collector. Therefore, the Tribunal upheld the preliminary objection raised by the respondents regarding the maintainability of the appeal, emphasizing the limitations imposed by the statutory framework.

In summary, the judgment delved into the jurisdictional boundaries of the Collector to appeal against the orders of the Central Board of Excise, emphasizing the statutory limitations under Section 35B. The interpretation of the term "aggrieved person" was pivotal in determining the Collector's standing to file the appeal, ultimately leading to the dismissal of the appeal on grounds of lack of locus standi.