2007 (7) TMI 653 - AT - Central Excise

Jurisdiction - proper officer - power of Assistant Commissioner to file appeal - Held that - The Assistant Commissioner was authorized by the Commissioner to file the appeal and therefore it was not necessary that the Original Authority who passed the order should have filed the appeal.

Summary

Issues: Proper officer to file appeal before Commissioner (A), Authorization of Assistant Commissioner to file appeal, Appeal disposal on merits

Proper Officer to File Appeal Before Commissioner (A:
The appeal in question arose from the rejection of the Revenue's appeal by the Commissioner (A) on the basis that it had been filed by an Assistant Commissioner who was not considered the proper officer to file the appeal. The Commissioner (A) noted that the Order-in-Original was issued by an Additional Commissioner, and the Assistant Commissioner was not authorized to file an appeal before the Commissioner (A).

Authorization of Assistant Commissioner to File Appeal:
The learned SDR cited precedents where it was established that the officer who passed the original order need not be the only one authorized to file an appeal before the Commissioner (A). Cases such as CCE, Hyderabad v. Usha Conductors (P) Ltd., CCE, Nagpur v. Hari Vishnu Packaging, CCE, Meerut-I v. Blue Star Spinning Mills Ltd., and CCE, Indore v. Shri Ram Switch Gears (P) Ltd. were referred to support this argument. The Tribunal found that the Assistant Commissioner was indeed authorized by the Commissioner to file the appeal, thereby setting aside the impugned order.

Appeal Disposal on Merits:
The respondents requested for the disposal of the appeal on merits. After considering the judgments cited by the learned SDR, the Tribunal concluded that the impugned order was not legal and proper. Consequently, the Tribunal set aside the impugned order and remanded the matter to the Commissioner (A) to decide the case on merits after providing an opportunity of hearing to the assessee within four months from the receipt of the order.

In conclusion, the Tribunal clarified the issue of the proper officer to file an appeal before the Commissioner (A) and emphasized that the Assistant Commissioner, duly authorized by the Commissioner, could file the appeal. The Tribunal's decision highlighted the importance of allowing the case to be decided on merits and ensuring a fair opportunity for the assessee in the proceedings.