2014 (1) TMI 60 - AT - Central Excise

Restoration of appeal - No Clearance from Committee of Disputes Held that - The Tribunal in the case of Burn Standard Co. Ltd. Vs. Commr. of Central Excise, Kolkata II 2013 (11) TMI 615 - CESTAT KOLKATA - the second and subsequent application filed before the Committee of Disputes seeking permission, were not considered as an application pending - the application that was filed earlier seeking clearance from the COD on 02.11.2006, was dismissed - The second application filed on 11th February, 2011, therefore, cannot be considered as an application pending before the Committee on Disputes as on 17.02.2011 there was no merit in the appeal Decided against Assessee.

Summary

Issues:
- Restoration of an appeal dismissed by the Tribunal due to lack of COD clearance
- Requirement of permission from COD for pursuing appeals
- Failure to produce evidence of COD permission or pending application

Analysis:

The judgment deals with an application for the restoration of an appeal that was dismissed by the Tribunal. The appeal was dismissed because the applicant, a public sector undertaking, failed to produce clearance from COD or evidence that their application for COD clearance was pending as of a specific date. The applicant's advocate submitted that a letter seeking permission from COD was communicated by the Cabinet Secretariat after the relevant date, stating that no permission was required post that date. However, the Revenue argued that no COD permission was obtained prior to the specified date, and there was no proof of a pending application for COD permission. The Tribunal considered a previous case where it was established that for pursuing appeals post a certain Supreme Court decision, either COD permission should have been obtained or an application seeking permission should have been pending before COD by a specific date. Since the applicant failed to provide either the permission or evidence of a pending application before the relevant date, the Tribunal found no merit in the application and dismissed it.

This judgment highlights the significance of obtaining COD permission or having a pending application for COD clearance by a specified date for pursuing appeals before the Tribunal. It underscores the importance of complying with procedural requirements and producing necessary documentation to support the appeal. The Tribunal's decision was based on precedent and the failure of the applicant to meet the specified criteria regarding COD clearance. The judgment serves as a reminder for parties to ensure they fulfill all necessary procedural obligations and provide the required evidence when seeking restoration or pursuing appeals in similar cases.