2000 (2) TMI 478 - AT - Central Excise

Summary

Issues:
- Competence of the Collector under Section 35E(2) of the Central Excise Act, 1944 to authorize an Adjudicating Authority to apply to the Collector (Appeals).
- Validity of an order passed by the Superintendent granting interest.
- Interpretation of Section 35E(2) regarding the authority allowed to file an appeal against an order passed by the Superintendent.

Competence of the Collector under Section 35E(2):
The case involved a Reference Application by the Commissioner of Central Excise, Meerut against a Final Order allowing an appeal by the assessee. The Department contended that the Tribunal erred in holding that an appeal filed by the Assistant Commissioner against an order of a Superintendent was incorrect under Section 35E(2). The Department argued that the Collector could authorize the Adjudicating Officer or an "authorized officer" to file the application, a point not considered by the Tribunal. The Tribunal clarified that the power given to the Collector under Section 35E(2) was restricted to the Adjudicating Authority subordinate to the Collector who had passed the decision, not to any other authority. The Tribunal's decision was based on a specific provision of the law, and therefore, no question of law was found to be referred to the High Court.

Validity of Superintendent's Order Granting Interest:
The Tribunal reviewed two issues in the Final Order. Firstly, the competence of the Collector under Section 35E(2) to authorize an Adjudicating Authority to apply to the Collector (Appeals) was discussed. Secondly, the validity of an order passed by the Superintendent granting interest was examined. The Tribunal concurred with the Collector (Appeals) that the Superintendent's order was without legal authority. The Tribunal emphasized that the power granted to the Collector under Section 35E(2) was limited to the Adjudicating Authority who passed the decision, not any other authority. The Tribunal considered the Apex Court's decision in a similar case and concluded that the specific provision of Section 35E(2) governed the situation, rendering the Reference Application irrelevant.

Interpretation of Section 35E(2) regarding Appeals Against Superintendent's Orders:
The Tribunal analyzed the provisions of Section 35E(2) of the Central Excise Act, 1944 concerning the authority allowed to file an appeal against an order passed by the Superintendent. It was clarified that the power of the Collector to direct an appeal to the Collector (Appeals) was limited to the Adjudicating Authority subordinate to the Collector who made the decision. The Tribunal referenced a previous Supreme Court decision and highlighted that the specific provision of Section 35E(2) only authorized an Adjudicating Authority to file appeals. Therefore, the time limit prescribed in sub-section (4) of Section 35E could not override the provisions of sub-section (2). Consequently, the Tribunal rejected the Reference Application, stating that no relevant question of law arose for referral to the High Court.