9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1992 (10) TMI 191 - AT - Central Excise
Issues: Jurisdiction of the Collector of Central Excise, Lack of specification of duty amount in orders, Multiplicity of appeal proceedings, Time limit for filing appeals
In this case before the Appellate Tribunal CEGAT, CALCUTTA, the appeal by M/s. Saraogi Paper Mills Ltd. was against the Order-in-Appeal passed by the Collector of Central Excise (Appeals) Calcutta. The Collector held that he lacked jurisdiction to entertain the appeal as the quantification of duty communicated by the Assistant Collector of Central Excise was as per the order of the Collector of Central Excise, Patna. The Collector dismissed the appeal on this basis. The Tribunal observed that the Collector's order was correct, as he lacked jurisdiction over the order of the Collector of Central Excise, Patna. However, the Tribunal had already allowed an appeal by the appellants against the order of the Collector of Central Excise, Patna, and remanded the matter for a de novo decision on the duty amount due. Therefore, the present appeal was deemed infructuous and dismissed for statistical purposes. The Tribunal also noted the practice of adjudicating officers not specifying the duty amount in their orders, leading to multiple appeal proceedings. They emphasized the importance of specifying the duty amount in adjudication orders to avoid disputes. The Tribunal highlighted that the time limit for filing appeals would depend on the date of receipt of the adjudication order and the communication specifying the duty amount. Appeals against the quantification of duty should be permitted, and a complete adjudication order mentioning the duty amount is crucial for clarity and to avoid jurisdictional issues. The Tribunal concluded the hearing by announcing the order in open court. The judgment serves as a reminder of the significance of clear adjudication orders, the jurisdictional limitations of adjudicating officers, and the need to avoid unnecessary appeal proceedings through proper specification of duty amounts in orders.
|
