2017 (2) TMI 13 - HC - Central Excise

Maintainability of appeal - dismissal on the account that the documents annexed with the memorandum of appeal are not legible - Held that - at the relevant point of time, the petitioner had submitted all the relevant documents on which it proposes to rely upon. However, due to lapse of time the documents have faded - the Tribunal is required to be restrained from passing similar orders dismissing the appeals on account of non-maintainability merely because the certain documents are not placed or the documents have become illegible due to lapse of time. The matters requires reconsideration - appeal restored - decided in favor of appellant.

Summary

Issues:
1. Dismissal of appeal by the Tribunal due to illegible documents.
2. Lack of opportunity to produce missing documents.
3. Tribunal's practice of dismissing appeals on non-maintainability.
4. Need for restraint in dismissing appeals without proper consideration.

Issue 1: Dismissal of appeal due to illegible documents
The advocate for the petitioners argued that the Tribunal had dismissed the appeal as not maintainable because the documents annexed with the memorandum of appeal were not legible. He referred to relevant provisions of the Central Excise Act and the Tribunal's rules, emphasizing that while documents were required to be produced, the fading of documents over time did not mean they were not initially submitted. He contended that the Tribunal could draw adverse inferences but should not dismiss the appeal solely on this ground.

Issue 2: Lack of opportunity to produce missing documents
The advocate highlighted that the Tribunal had a history of perfunctorily dismissing appeals without giving appellants a chance to provide missing documents, even after years of pendency. He argued that such dismissals without allowing for document submission were unjust and urged for a restraint on such practices to prevent unfair treatment of appellants.

Issue 3: Tribunal's practice of dismissing appeals on non-maintainability
Considering the submissions and the impugned order, the court found the matter merited further consideration. Therefore, a rule was issued for the matter to be heard, and interim relief previously granted by the Tribunal was to continue. This decision indicated a recognition of the need for a more thorough examination of the issues raised regarding the dismissal of appeals.

Issue 4: Need for restraint in dismissing appeals without proper consideration
The court expressed a broader concern about the Tribunal's approach to dismissing appeals, cautioning against hasty disposals that could lead to increased litigation. The court emphasized the importance of adjudicating matters diligently and avoiding cavalier decisions that may contribute to prolonged legal disputes. This statement underscored the significance of fair and thorough consideration in the adjudication process.