2004 (6) TMI 626 - AT - Central Excise

Summary

Issues:
1. Applicability of Notification No. 206/63 and subsequent Notification No. 208/83 regarding ship breaking scrap used as raw material for rerolling.
2. Validity of the direction given to Assistant Commissioner/Deputy Commissioner to file appeals before the Commissioner (Appeals) when the original order was passed by the Additional Commissioner.

Analysis:
1. The judgment addresses the issue of the applicability of Notification No. 206/63 and subsequent Notification No. 208/83 concerning ship breaking scrap used as raw material for rerolling. The Tribunal referred to the decision in L.G. Industries case, which was approved by the Supreme Court, to support the assessees' position. The Tribunal found that the issue was settled in favor of the assessees based on previous rulings. Consequently, the appeals filed by the Revenue on this issue were dismissed.

2. The judgment also delves into the validity of the direction given by the Commissioner to the Assistant Commissioner/Deputy Commissioner to file appeals before the Commissioner (Appeals) when the original order was passed by the Additional Commissioner. The Tribunal cited the case of Dhampur Sugar Mill Co. Ltd. to establish that such directions were not permissible under Section 35E(2) of the Central Excise Act. It was highlighted that the power granted to the Collector under this section was specific to examining decisions or orders of adjudicating authorities subordinate to him. The Tribunal emphasized that the direction must be given to the same authority whose decision is being examined. As the direction in this case was given to the Assistant Collector instead of the Superintendent, it was deemed impermissible. The judgment concluded that there was no merit in the Revenue's case on this issue and upheld the order of the Commissioner (Appeals), dismissing the appeals.

Overall, the judgment provides a detailed analysis of the issues at hand, citing relevant legal provisions and precedents to support the decisions made. The Tribunal's thorough examination of the legal framework and application of previous rulings ensures a comprehensive and well-reasoned outcome in the case.