1995 (5) TMI 155 - AT - Central Excise

Issues Involved:
1. Whether one appeal is sufficient when a common order disposes of multiple show cause notices.
2. Interpretation and application of Sections 35 and 35B of the Central Excises and Salt Act, 1944.
3. Consideration of precedents and judicial interpretations regarding composite appeals.

Issue-wise Detailed Analysis:

1. Sufficiency of One Appeal for Multiple Show Cause Notices:
The primary issue addressed is whether a single appeal is maintainable when a common order disposes of multiple show cause notices. The Tribunal examined the contention that even though one number is given to the order, it effectively disposes of 36 show cause notices, thus necessitating 36 separate appeals. The Tribunal referenced the South Regional Bench's decision in the case of M.I. Metal Sections Pvt. Ltd. v. Collector of Central Excise, Bangalore, which held that a common order covering multiple show cause notices should be treated as multiple orders, each necessitating a separate appeal.

2. Interpretation of Sections 35 and 35B of the Central Excises and Salt Act, 1944:
The appellant argued that under Sections 35 and 35B, an appeal against an order has to be filed, and since only one order was issued, one appeal is sufficient. The Tribunal considered various judicial decisions to interpret these sections. The decision in 1980 (121) ITR 147 indicated that unless there is an express provision in the Act or Rules mandating separate appeals, a composite appeal is maintainable. Similarly, the decision in 1993 (202) ITR 705 supported the view that a composite appeal is sufficient when the Act does not explicitly require separate appeals for each show cause notice.

3. Judicial Precedents and Interpretations:
The Tribunal reviewed several judicial precedents to support the argument for a composite appeal:
- In 1986 (162) ITR 5, the Rajasthan High Court held that the law should be interpreted to meet the ends of justice and should not be hypertechnical.
- The Patna High Court in 1993 (202) ITR 705 stated that if the Act does not require separate appeals for a composite order, one appeal is sufficient.
- The Gujarat High Court in 1993 (205) ITR 144 and 1986 (161) ITR 568 emphasized that a right of appeal should be liberally construed and not denied on technical grounds.

The Tribunal also considered the Supreme Court's observation in Narahari v. Shankar [AIR 1953 S.C. 419], which stated that one appeal is sufficient when there has been one trial, one finding, and one decision, even if multiple decrees are drawn up.

Conclusion and Referral to Larger Bench:
The Tribunal concluded that one appeal is sufficient in cases where a common order disposes of multiple show cause notices, given the lack of explicit prohibition in the Act or Rules against composite appeals. However, recognizing the contrary decision by the South Regional Bench, the Tribunal referred the matter to a Larger Bench for a definitive ruling.

Additional Observations:
The Tribunal suggested that the executive authorities should consider clarifying the legal position regarding composite appeals and the associated fees. It recommended that fees could be based on the total value involved, subject to a minimum, to avoid unnecessary procedural burdens.

Separate Judgment:
The member (T) concurred with the conclusion but added that the practical approach should consider what has been done by the adjudicating authority rather than what could have been done. The member emphasized the need for a reasonable, practical, and liberal interpretation of the right of appeal as per Section 35B of the Central Excises and Salt Act, 1944.

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