2000 (9) TMI 493 - AT - Central Excise

Summary

Issues:
1. Proper review order under sub-section (2) of Section 35E of Central Excise Act, 1944.
2. Validity of the order passed by Commissioner (Appeals).
3. Date of authorization letter and review order verification.
4. Simultaneous preparation of review order and appeal.

Analysis:

1. The case involved an appeal filed by the Assistant Commissioner of Central Excise (A & R), Bolpur, against an order-in-original pursuant to a review order under Section 35E of the Central Excise Act, 1944. The Commissioner (Appeals) rejected the appeal, stating that the review order was not proper as it lacked reasons for deeming the original order illegal. The Commissioner (Appeals) emphasized the importance of specifying points of law in the review order before preparing the appeal, as merely referring to grounds in the appeal was deemed improper.

2. In the appeal against the Commissioner (Appeals) order, it was argued that the rejection was unjustified. The appellant contended that the authorization letter's date was supported by relevant documents and files, emphasizing that the authorization was made on a specific date. Additionally, it was argued that simultaneous preparation of the review order and appeal did not render the review improper, as the reasons for review were clearly stated and deemed sufficient to challenge the Assistant Commissioner's order.

3. Despite the absence of the assessees during the proceedings, the Tribunal proceeded to hear the Departmental Representative. The Tribunal highlighted the importance of verifying facts such as the date of authorization and review through relevant records. It was emphasized that the Commissioner (Appeals) should have conducted the necessary verification before making a decision on the appeal.

4. The Tribunal concluded that the order passed by the Commissioner (Appeals) was not correct and proper. It directed the Commissioner (Appeals) to conduct a thorough verification of records to ensure the timeliness of the review order and authorization. If satisfied, the Commissioner (Appeals) was instructed to consider the appeal's merits and pass a fresh order accordingly. The case was remitted to the Commissioner (Appeals) for a new decision based on the Tribunal's directions, ultimately allowing the appeal under the specified terms.