1988 (9) TMI 212 - AT - Central Excise

Summary

Issues: Lack of authorization from the Collector for filing an appeal by the Assistant Collector.

In this case, the issue revolved around the lack of proper authorization from the Collector for the Assistant Collector to file an appeal. The Tribunal directed the Departmental Representative to produce the Collector's file after it was noted that the order authorizing the Assistant Collector to file the appeal was not specific and did not meet the statutory requirement under Section 35B(2) of the Act. The Collector's file revealed that while the Superintendent recommended filing an appeal, there was no explicit direction from the Collector authorizing the Assistant Collector to do so. The attested copy of the authorization was found to be a general order without specific reference to the present appeal. The Tribunal emphasized the importance of proper authorization as a statutory requirement under the Act.

The Tribunal highlighted the concern over the lack of proper procedure in attesting copies without verifying their authenticity. The Tribunal noted that the attested copy of the authorization was more of a general license for filing various appeals and applications under different enactments, raising doubts about whether the Collector had actually authorized the filing of the specific appeal in question. The Tribunal expressed disappointment in the lack of care and attention to detail in the process of attestation, emphasizing the need for proper verification to ensure compliance with legal requirements. The Tribunal recommended bringing this issue to the attention of the Central Board of Excise & Customs for appropriate action.

Ultimately, the Tribunal found that the appeal filed by the unauthorized officer was not maintainable due to the lack of authorization from the Collector. As a result, the appeal was dismissed. The Tribunal ordered that a copy of this decision be forwarded to the Central Board of Excise and Customs for their information. The judgment underscored the significance of adherence to statutory requirements and proper authorization in legal proceedings to maintain the integrity of the legal process.