2018 (10) TMI 766 - AT - Customs

Maintainability of appeals against the decision of Asst. Commissioner dated 3rd May, 2018 - Appealable order or not? - Section 129A of Customs Act - Held that - In an identical set of facts, this Tribunal in the case of Delta Overseas 2015 (7) TMI 1091 - CESTAT NEW DELHI has held that the letter of Assistant Commissioner (Adj.) cannot be considered as an appealable order for filing the appeal before the Tribunal. As the appeal not maintainable before Tribunal, the appeals filed by the appellants are also dismissed - appeal dismissed - decided against appellant.

Summary

Issues:
1. Maintainability of appeals before the Tribunal under Section 129A of the Customs Act, 1962 / Section 35B of the Central Excise Act, 1944.

Analysis:
The judgment dealt with the issue of the maintainability of appeals before the Tribunal under Section 129A of the Customs Act, 1962, and Section 35B of the Central Excise Act, 1944. The Revenue argued that the appeals against the decision of the Assistant Commissioner were not maintainable before the Tribunal based on previous tribunal decisions. The appellant, on the other hand, contended that the decision of not granting cross-examination of witnesses by the Commissioner should be considered as the order by the competent authority for entertaining the appeal. The appellant relied on a judgment of the Hon’ble Delhi High Court to support this argument. The Tribunal examined the records and concluded that the letter from the Assistant Commissioner could not be considered as an order or decision by the Commissioner of Customs, who is the adjudicating authority. The Tribunal referenced previous decisions and highlighted that the letter of the Assistant Commissioner could not be considered as an appealable order for filing an appeal before the Tribunal. The Tribunal distinguished the case cited by the appellant, stating that in that case, an order passed by the Commissioner of Customs was communicated by the Assistant Commissioner, making it an appealable order. The Tribunal dismissed the applications and appeals filed by the appellant, emphasizing that the appeals were not maintainable before the Tribunal.

In summary, the judgment clarified the criteria for an order to be considered appealable before the Tribunal under Section 129A of the Customs Act, 1962, and Section 35B of the Central Excise Act, 1944. It distinguished between a decision communicated by the Assistant Commissioner and an order passed by the Commissioner of Customs as the adjudicating authority. The Tribunal emphasized that only orders or decisions by the Commissioner of Customs or Central Excise could be considered appealable, not communications from subordinate officers. The judgment highlighted the importance of following statutory provisions and previous tribunal decisions in determining the maintainability of appeals before the Tribunal.