Section 35E - Powers of Board or Commissioner of Central Excise to pass certain orders - Central Excise Act, 1944

Section 35E. Powers of Committee of 5 [Principal Chief Commissioner of Central Excise or] Chief Commissioners of Central Excise or 5 [Principal Commissioner of Central Excise or] Commissioner of Central Excise to pass certain orders.- (1) The [Committee of 5 [Principal Chief Commissioner of Central Excise or] Chief Commissioner of Central Excise may, of its own motion, call for and examine the record of any proceeding in which a 5 [Principal Commissioner of Central Excise or] Commissioner of Central Excise as an adjudicating authority has passed any decision or order under this Act for the purpose of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct such Commissioner or any other Commissioner to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order as may be specified by the Commissioner of Chief Commissioners of Central Excise in its order. 1 [ Provided that where the Committee of Chief Commissioners of Central Excise differs in its opinion as to the legality or propriety of the decision or order of the 5 [Principal Commissioner of Central Excise or] Commissioner of Central Excise, it shall state the point or points on which it differs and make a reference to the Board which, after considering the facts of the decision or order, if is of the opinion that the decision or order passed by the 5 [Principal Commissioner of Central Excise or] Commissioner of Central Excise is not legal or proper, may, by order, direct such Commissioner or any other Commissioner to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order, as may be specified in its order. ] (2) The 5 [Principal Commissioner of Central Excise or] Commissioner of Central Excise may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this Act for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may, by order, direct such authority or any central Excise Officer subordinate to him to apply to the Commissioner (Appeals) for the determination of such points arising out of the decision or order as may be specified by the - 5 [Principal Commissioner of Central Excise or] Commissioner of Central Excise in his order. 2 [ (3) Every order under sub-section (1) or sub-section (2), as the case may be, shall be made within a period of three months from the date of communication of the decision or order of the adjudicating authority. ] 4 [Provided that the Board may, on sufficient cause being shown, extend the said period by another thirty days.] (4) Where in pursuance of an order under sub-section (1) or subsection (2), the adjudicating authority or the authorised officer makes an application to the Appellate Tribunal or the Commissioner (Appeals) within a period of 3 [ one month] from the date of communication of the order under sub-section (1) or sub-section (2) to adjudicating authority, such application shall be heard by the Appellate Tribunal or the Commissioner (Appeals), as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisions of this Act regarding appeals, including the provisions of sub-section (4) of section 35B shall, so far as may be, apply to such application. *************************** Notes: 1. Inserted by Finance Act, 2008, w.e.f. 10.5.2008. 2. Substituted by Finance Act, 2008, w.e.f. 10.5.2008. Prior to substitution it was read as under: (3) The Committee of Chief Commissioners of Central Excise or Commissioner of Central Excise, as the case may be, shall make order under sub-section (1) or sub-section (2) within a period of three months from the date of communication of the decision or order of the adjudicating authority. Earlier it was substituted by Finance Act 2007 with effect from 11/5/2007. 3. Substituted for the words three months , by Finance Act 2007 with effect from 11/5/2007. 4. Inserted vide THE FINANCE (No. 2) ACT, 2014 5. Inserted vide THE FINANCE (No. 2) ACT, 2014