2014 (9) TMI 409 - HC - Central Excise

Maintainability of appeal - Whether Customs, Excise and Service Tax Appellate Tribunal was right in dismissing the appeal preferred by the Commissioner of Central Excise, Delhi-1 on account of non-compliance of Section 35B of the Central Excise Act, 1944 as the committee did not consist of two Chief Commissioners of Central Excise - Held that - Section 35E of the Act deals with specific powers of Chief Commissioner and Commissioners. Sub-section (2) authorises the Commissioners to on their own motion, challenge the order passed by the adjudicating authority subordinate to them before the Commissioner (Appeals). Sub-section (1) to Section 35E of the Act provides, when the Committee of Chief Commissioners can call for and examine records on legality or propriety of any decision or order of the Commissioner and apply to the Tribunal for determination on specified points. The said power is exercised by the Committee of Chief Commissioners only when the order or decision is that of the Commissioner. It does not apply when the order or decision is by an officer/authority subordinate to the Commissioner. Section 35E(2) is not applicable when the order/decision is that of the Commissioner (Appeals). - Decided in favour of Revenue.

Summary

Issues:
1. Interpretation of Section 35B of the Central Excise Act, 1944 regarding the constitution of committees for appeals.
2. Requirement of approval by the Committee of Chief Commissioners for filing appeals before the Tribunal.
3. Distinction between appeals filed by the Revenue based on the original adjudication authority.
4. Application of Section 35E of the Act in challenging decisions/orders before the Commissioner (Appeals).

Analysis:

1. The judgment revolves around the interpretation of Section 35B of the Central Excise Act, 1944, specifically focusing on the constitution of committees for appeals. Sub-sections (1B) and (2) of Section 35B empower the Revenue to challenge orders before the Customs, Excise, and Service Tax Appellate Tribunal (Tribunal). The Act mandates the constitution of committees by the Central Board of Excise and Customs, comprising two Chief Commissioners or Commissioners of Central Excise, depending on the situation.

2. The key issue addressed in the judgment is the requirement of approval by the Committee of Chief Commissioners for filing appeals before the Tribunal. The Tribunal dismissed an appeal by the Commissioner of Central Excise, Delhi-1 due to non-compliance with Section 35B, as the committee did not consist of two Chief Commissioners of Central Excise. The judgment emphasizes the necessity of committee approval before initiating appeals, as outlined in the Act.

3. The judgment delves into the distinction between appeals filed by the Revenue based on the original adjudication authority. It clarifies that when the original adjudication order is passed by the Commissioner, an appeal lies before the Tribunal, necessitating approval by the Committee of Chief Commissioners. In cases where the Commissioner (Appeals) issues the order, the Committee of Commissioners decides on the appeal. The hierarchy and approval process are crucial in determining the maintainability of appeals.

4. Furthermore, the judgment elucidates the application of Section 35E of the Act in challenging decisions/orders before the Commissioner (Appeals). Section 35E delineates the powers of Chief Commissioners and Commissioners in examining the legality or propriety of decisions/orders. It highlights that the Committee of Chief Commissioners intervenes when the order is by the Commissioner, not an officer subordinate to the Commissioner. The judgment emphasizes the specific scenarios where different committees exercise their powers in the appellate process.

In conclusion, the judgment provides a detailed analysis of the legal provisions under the Central Excise Act, emphasizing the procedural requirements and hierarchical considerations in filing appeals before the Tribunal. The interpretation of Sections 35B and 35E plays a pivotal role in determining the validity of appeals and underscores the significance of committee approvals in the appellate process.