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2014 (4) TMI 403 - HC - Service TaxMaintainability of appeal before tribunal - recording of Satisfaction u/s 86 - clearance from the Committee of Chief Commissioners of Central Excise - Held that - The fact that the Chief Commissioners did not, on the record, record independent reasons for concurring with their respective subordinates does not render the authorization void. There is no such requirement in Section 86(2), and this Court does not propose to add another layer to these administrative proceedings. Rather, it is important to view the proceedings as a whole - detailed notes considering the issue of appeal were prepared by those in the office of the Chief Commissioner delegated with such tasks, and the final decision or approval was taken by the Chief Commissioner. Short of requiring the Chief Commissioner himself to record independent reasons, there is no deficiency in the administrative action. Indeed, the rationale for Section 86(2) was considered by the Supreme Court in Collector of Central Excise v. Berger Paints 1990 (3) TMI 70 - SUPREME COURT OF INDIA The precise method and manner of obtaining authorization is not an issue, but only a limited inquiry was permitted to determine whether such authorization was given in accordance with law, which, as discussed, is clearly the case in these proceedings. - Decision in Commissioner of Central Excise v. Ufan Chemicals, 2013 (5) TMI 703 - ALLAHABAD HIGH COURT followed - Tribunal fell into error in holding that the appeal was not maintainable since the satisfaction as required by Section 86 had not been appropriately recorded. The impugned order is accordingly set aside - Decided in favour of Revenue.
Issues Involved:
1. Legality of the exercise of power under Section 86(2) of the Finance Act, 1994. 2. Requirement of a physical meeting between members of the Committee. 3. Application of mind by the Committee of Chief Commissioners when authorizing an appeal. Issue-wise Detailed Analysis: 1. Legality of the Exercise of Power under Section 86(2) of the Finance Act, 1994: The case revolves around the legality of the order by the Committee of Chief Commissioners directing the filing of an appeal to the CESTAT under Section 86(2) of the Finance Act, 1994. The Respondent was providing services related to the replacement of water pipelines but was not paying service tax under Section 65(39a) of the Finance Act, 1994. The Commissioner of Service Tax issued a show cause notice demanding Rs.22,60,09,148, which was later dropped. The Committee of Chief Commissioners then reviewed this decision and directed an appeal to the CESTAT. The CESTAT held that the discretion vested in the Committee under Section 86(2) was improperly exercised, leading to the dismissal of the appeal. 2. Requirement of a Physical Meeting between Members of the Committee: The Respondent argued that the order under Section 86(2) was invalid as there was no meeting between the Committee members. However, the CESTAT dismissed this objection, referencing the decisions in Commissioner of Central Excise v. ITC Limited and Commissioner of Central Excise v. Kundalia Industries, which stated that there is no statutory requirement for a physical meeting, only a consensus ad idem on the issue. 3. Application of Mind by the Committee of Chief Commissioners: The CESTAT found that the Committee did not apply its mind independently, as the Chief Commissioners merely signed notes prepared by subordinate officers without independent consideration. The Tribunal cited that mere appending of signatures does not constitute sufficient compliance with the statutory obligation of due application of mind. The Delhi High Court in Kundalia Industries and the Tribunal in V.S. Exim Pvt. Ltd. held that such mechanical approval does not meet the requirements of Section 86(2). Court's Analysis and Conclusion: The Court noted that the scope of judicial review of administrative acts is limited, especially when the act in question is neutral, such as filing an appeal. The detailed notes prepared by the subordinate officers were comprehensive and considered by the Chief Commissioners. The Court emphasized that there is no statutory requirement for the Chief Commissioners to record independent reasons for their decision. The rationale behind Section 86(2) is to prevent frivolous appeals, and the detailed consideration by subordinate officers followed by approval from the Chief Commissioners meets this purpose. The Court referred to the Supreme Court's decision in Collector of Central Excise v. Berger Paints, which highlighted that the purpose of such rules is to ensure application of mind and prevent unnecessary appeals. The Court concluded that the CESTAT erred in its judgment, as the authorization process was in compliance with Section 86(2). The appeal was thus allowed, and the CESTAT was directed to consider the appeal on its merits, with costs of Rs.30,000/- awarded to the appellant. Final Judgment: The impugned order of the CESTAT was set aside. The CESTAT was instructed to consider the appeal on its merits after issuing notice and providing a hearing to the parties. The appeal succeeded with costs quantified at Rs.30,000/- to be paid to the appellant by the respondent within four weeks.
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