2010 (4) TMI 438 - HC - Central Excise

Aggrieved person Appeal u/s 35G was filed by revenue against the order of Tribunal. Held that- section 35G available only to aggrieved person not for revenue. Thus the appeal filed by revenue is not tenable.

Summary

Issues:
1. Interpretation of Section 11AB of the Central Excise Act, 1944.
2. Applicability of Section 35G of the Act to Revenue as an aggrieved party.

Interpretation of Section 11AB of the Central Excise Act, 1944:
The appeal before the High Court involved a dispute regarding the interpretation of Section 11AB of the Central Excise Act, 1944. The Revenue filed an appeal against the order passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone Bench, Bangalore. The issue revolved around whether the Tribunal correctly re-interpreted the provisions of Section 11AB, affecting the intent and purpose of the said provision. The Revenue contended that interest on the differential duty should be paid from the original date of clearance till the date of the supplemental invoice. However, the High Court found that the appeal lacked a legal basis from the beginning. The Court noted that the Revenue's appeal was not tenable under Section 35 of the Act, as the provisions of Section 35G were available only to the aggrieved assessee, not the Revenue. The Court emphasized that the appeal did not align with the Act's provisions, and the Commissioner had not exercised powers under Section 35E to address the issue effectively.

Applicability of Section 35G of the Act to Revenue as an aggrieved party:
The High Court deliberated on whether the Revenue could invoke Section 35G of the Act as an aggrieved party. The Court clarified that Section 35G was intended for the aggrieved assessee, not the Revenue. Despite the Revenue's arguments, the Court emphasized that the appeal was not in line with the Act's provisions. The Court highlighted that Section 35E of the Act provided a remedy for the situation at hand, and the appeal should have been pursued accordingly. Consequently, the High Court dismissed the Revenue's appeal, concluding that the appeal lacked legal merit and did not fall within the purview of Section 35G. The Court's decision underscored the importance of adhering to the statutory framework and procedural requirements outlined in the Act.

This detailed analysis of the judgment highlights the key legal issues addressed by the High Court in the context of the interpretation of Section 11AB of the Central Excise Act, 1944, and the applicability of Section 35G to the Revenue as an aggrieved party.