CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
Mrs. K.K. Usha, S.S. KANG, C.N.B. Nair, JJ.
Commissioner of Central Excise, Bhubaneshwar -Appellant
Versus
Oripol Industries -Respondent
Misc. Order No. 107/2003-NB(A) Cross Objection No. 7/2002-Kol. Appeal Nos. E/339 & 362-363/2002-Kol., 107 of 2003, 7 of 2002, 363 of 2002, 362 of 2002, 339 of 2002
Decided On : 12-05-2003
Per Justice K.K. Usha : The question referred for consideration by the Larger Bench is whether Commissioner (Appeals) does have jurisdiction to remand the appeal before him after the amendment to Section 35-A by the Finance Act, 2001 w.e.f. 11.5.2001. Reference was necessitated in view of difference of opinion between two Benches of this Tribunal on the issue. A learned Single Member of East Regional Bench took the view in CCE
2. In CCE
3. We will now refer to the legislative history of the appellate power of the Commissioner (Appeals). Section 35(1) as it stood before 11.10.82 contained the provisions regarding the appellate power. It reads as follows:-
"35. Appeals, (1) Any person deeming himself aggrieved by any decision or order passed by a Central Excise Officer under this Act or the rules made thereunder may, within three months from the date of such decision or order, appeal therefrom to the Central Board of Revenue, or, in such cases as the Central Government directs, to any Central Excise Officer not inferior in rank to an Assistant Collector of Central Excise and empowered in that behalf the Central Government. Such authority or officer may thereupon make such further inquiry and pass such order as he thinks fit, confirming, altering or annulling the decision or order appealed against:
Provided that no such order in appeal shall have the effect of subjecting any person to any greater confiscation than has been adjudged against him in the original decision or order."
Under the Finance Act, 1980 Chapter IVA was introduced and the procedure in appeal was brought under Section 35A. Relevant provisions regarding the appellate power of Commissioner (Appeals) after amendment which came into force on 11.10.82 reads as follows:-
"35-A. Procedure in appeal - (3) The Collector (Appeals) may, after making such further inquiry as may be necessary, pass such order as he thinks fit confirming, modifying or annulling the decision or order appealed against, or may refer the case back to the adjudicating authority with such directions as he may think fit for a fresh adjudication or decision, as the case ma
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.