2010 (3) TMI 570 - HC - Central Excise

Appeal to High Court - Scope of - Order of subordinate authorities or the appellate authority stand merged in the order made by Tribunal, and correspondingly in the proceeding before the Tribunal, orders of subordinate authorities stand merged in the order of appellate authority. Plea that Tribunal required to go through show cause notice and the order of adjudicating authority, is a fallacious proposition. Held that - High Court cannot be converted into a fact finding body at the stage of tax appeal wherein the High Court is only required to consider whether a substantial question of law arises from the order of Tribunal. No case made out warranting interference on the impugned order of Tribunal in absence of any legal infirmity.

Summary

Issues:
1. Interpretation of conditions under Notification No. 8/2003-C.E.
2. Correct interpretation of previous decisions by CESTAT.
3. Requirement of Tribunal to consider show cause notice and adjudicating authority's order.

Interpretation of conditions under Notification No. 8/2003-C.E.:
The appellant revenue raised concerns regarding the Tribunal's decision to allow SSI benefit under Notification No. 8/2003-C.E. while allegedly ignoring a specific condition outlined in the notification. The appellant argued that the Tribunal erred in disregarding Paragraph No. 2(vi) of the notification. However, the court observed that there was no indication in the Tribunal's order that the specific notification was even considered. The court emphasized the importance of factual accuracy and the need for legal basis in challenging tribunal decisions.

Correct interpretation of previous decisions by CESTAT:
The appellant also contested the CESTAT's interpretation of previous decisions involving different notifications. They argued that the Tribunal misinterpreted the decisions related to cases where assessees were benefiting from various notifications. The court noted that the appellant failed to provide evidence of the notifications discussed in those cases or any distinguishing features pointed out to the Tribunal. The court highlighted the necessity of presenting relevant information and legal arguments for a successful appeal.

Requirement of Tribunal to consider show cause notice and adjudicating authority's order:
The appellant further contended that the Tribunal should have reviewed the show cause notice and the adjudicating authority's order in the case. However, the court clarified that in appellate proceedings, the orders of subordinate authorities merge into the appellate authority's order. The court emphasized that the Tribunal is not obligated to revisit the lower authorities' decisions. The court cited a previous case to support the principle that the Tribunal's order supersedes lower authorities' orders. Ultimately, the court dismissed the appeal due to the absence of any substantial question of law warranting interference in the Tribunal's decision.