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2018 (2) TMI 222 - HC - Central ExciseMaintainability of Rectification of mistake application - rejection on the ground of interpretation of Section 74 of the Finance Act, 1994 - it was construed that the ROM applications could be entertained and decided only by the same CEO, who passed the original orders, and that as such officer was no longer available in the office, his successor, i.e. the Principal Commissioner, has no authority to entertain and pass orders on the ROM applications. Held that - If we literally construe the words Central Excise Officer who passed any order it may lead to an anomalous situation - the words Central Excise Officer who passed any order must be construed as the jurisdictional Central Excise Officer and not the individual Central Excise Officer. Evidently, to confer the power of rectification on the particular class of officers who passed the order, the words Central Excise Officer who passed any Order have been used in Section 74 of the Act. Any other construction would render Section 74 of the Act otiose. The respondent has committed a serious error in rejecting the applications as not maintainable - petition allowed.
Issues:
Assailing separate but identical orders rejecting rectification of mistakes applications filed by the assessee with reference to original assessment orders passed by the Central Excise Officer. Analysis: The batch of writ petitions challenged the rejection of rectification of mistakes (ROM) applications by the assessee, which were filed with reference to different assessment orders passed by the Central Excise Officer (CEO). The successor officer dismissed the ROM applications, interpreting Section 74 of the Finance Act, 1994, to mean that only the same CEO who passed the original orders could entertain and decide on the ROM applications. The court noted the legal issue involved and emphasized the interpretation of Section 74 of the Act. The court examined Section 74 of the Act, which allows rectification of mistakes apparent from the record by the Central Excise Officer who passed the order. The literal interpretation of the provision raised concerns about absurd outcomes based on the individual officer's availability. The court applied the principle of purposive construction to avoid absurd results. It concluded that the words "Central Excise Officer who passed any order" should be understood as the jurisdictional Central Excise Officer, not the individual officer, supported by the term "Central Excise Officer concerned" in sub-section (3) of Section 74. Furthermore, the court highlighted that the legislative intent behind using the phrase "who passed any order" may relate to the broad definition of Central Excise Officer under the Central Excise Act, 1944. The provision aims to empower the specific class of officers who passed the order to rectify mistakes, preventing Section 74 of the Act from becoming redundant. The court found the respondent's rejection of the applications as not maintainable to be erroneous and set aside the impugned orders, directing the respondent to consider the ROM applications and decide on their merits. Consequently, the writ petitions were allowed, and pending miscellaneous applications were disposed of as infructuous.
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