2010 (5) TMI 199 - AT - Central Excise

Absence of verification- Objection that appeal filed by department before Commissioner (Appeals) not containing verification by competent authority. Appeal to be filed before commissioner (Appeals) in form eA-2 by Department. Neither Form EA-2 nor relevant provision providing for verification clause in relation to appeals filed by Department. Rule 8 of CESTAT (procedure)Rules, 1982 providing for verification in respect of appeals filed with Tribunal, not made applicable to appeal before Commissioner (Appeals) as per central excise (Appeal) Rules, 2001. Appeal without merit hence dismissed.

Summary

Issues:
Challenge to order of Commissioner (Appeals) allowing appeal by Department, Recovery of interest under Section 11AB, Verification of appeal by Department, Applicability of CESTAT (Procedure) Rules, 1982 to appeal before Commissioner (Appeals), Dismissal of appeal.

Analysis:
The appeal sought to challenge the order passed by the Commissioner (Appeals) allowing the Department's appeal and directing recovery of interest under Section 11AB of the Central Excise Act, 1944. The objection raised was that the Department's appeal was not verified by the competent authority, a ground supported by references to legal precedents. The appellants contended that the verification issue was crucial, citing decisions like CCE v. M/s. SKF India Limited and others. However, the records did not reveal the basis on which the verification objection was raised.

The legal framework for appeals was discussed, emphasizing that appeals to the Commissioner (Appeals) are governed by Section 35 of the Central Excise Act, 1944, and the procedure is outlined in Section 35A. Additionally, the Central Excise (Appeals) Rules, 2001 prescribe the format for appeals to the Commissioner. Notably, the rules for Department appeals are detailed under Section 35E, requiring a specific form (E.A.-2) without a verification clause for such appeals.

The judgment clarified that the decisions cited by the appellants regarding verification pertained to appeals before the Tribunal governed by CESTAT (Procedure) Rules, 1982, not applicable to appeals before the Commissioner (Appeals). The Supreme Court decision in the SK India case focused on interest, not the verification issue raised in this matter. Consequently, the appeal was dismissed due to lack of substance, with the application for stay also being rejected.

In conclusion, the judgment highlighted the importance of adhering to the prescribed appeal procedures and emphasized the distinction between rules governing appeals before different authorities. The dismissal of the appeal underscored the significance of compliance with the specific requirements outlined for Department appeals and the limited applicability of certain legal precedents in varying contexts.