2011 (5) TMI 520 - AT - Central Excise

Order in vacuum - Held that;- As per the case of ITW Signode India Ltd. vs. Collector of Central Excise 2003 (11) TMI 114 - SUPREME COURT OF INDIA to submit that a curative legislation may be retrospective in nature - This is the case where an order in vacuum has been passed without the law being considered - Therefore, remand the matter to the Appellate Authority to deal the matter afresh issuing notice to the assessee.

Summary

Issues: Lack of clarity in the order of the First Appellate Authority, Interpretation of Section 11A of the Central Excise Act 1944, Application of curative legislation retrospectively.

Issue 1: Lack of clarity in the order of the First Appellate Authority
The judgment highlights the lack of clarity in the order of the First Appellate Authority. It emphasizes that the order failed to clearly define the dispute, provide reasons for the decision, and present a clear conclusion. The tribunal notes that the order only contained brief facts without demonstrating the dispute in clear terms. The absence of a clear explanation made it difficult to understand the matter at hand, leading to confusion and an inability to comprehend the rationale behind the decision.

Issue 2: Interpretation of Section 11A of the Central Excise Act 1944
The judgment delves into the interpretation of Section 11A of the Central Excise Act 1944. It mentions that the statutory provision under Section 11A, as amended by the Finance Act 2007, specifically addresses cases from the past. The provision, effective from 17.11.1980, serves as a safeguard in legal matters. The tribunal acknowledges the importance of this provision in clarifying the legal position for drawing conclusions in cases. The Judge on behalf of the Revenue argues that the impugned order should have reflected the legal position as per Section 11A to arrive at a proper decision.

Issue 3: Application of curative legislation retrospectively
The judgment discusses the application of curative legislation retrospectively, citing para 55 and 56 of an Apex Court Order in the case of ITW Signode India Ltd. vs. Collector of Central Excise. The Judge for the Revenue supports the argument that curative legislation can have retrospective effects. The tribunal, upon reviewing the first appellate order, concludes that a quasi-judicial authority should not decide a matter without considering the relevant laws. As the order was passed without due consideration of the law, the tribunal decides to remand the matter back to the First Appellate Authority for a fresh review, instructing them to issue a notice to the assessee for further proceedings.