Circular No. 560/56/2000- Central Excise
30-11-2000
F. No. 387/269/2000-JC
Government of India
Ministry of Finance (Department of Revenue)
Central Board of Excise & Customs, New Delhi
Subject :- Appeals in CEGAT – Proper authorization – instruction – reg.
I am directed to invite your attention to Board’s Circular No. 413/46/98-CX., dated 6-8-1998 [See 1998 (102) E.L.T. (T31)] issued from F. No. 390/120/98-JC requiring the Commissioners to themselves examine the authorisation letters issued by them so that there is no occasion for CEGAT to dismiss the revenue appeals on technical ground. In spite of the above, it has come to the notice of Board that departmental appeals continue to be dismissed on the ground that there was no proper authorisation by the concerned Commissioner.
It is a sad reflection on our working that despite clear 2. provisions of law and repeated instructions of the Board, adequate care or precaution is not being taken by the Commissioners in this regard, resulting in dismissal of our appeals on technical grounds, without considering the merits of the case.
Board once again directs all Commissioners to themselves 3. examine the Authorisation letters and to ensure that the authorisation is correct and proper in all respects. No occasion should arise when revenue appeal gets dismissed for want of proper authorisation. As far as possible the Commissioners should themselves sign the EA-3 or CA-3, the verification report etc. which would automatically obviate the need for giving any authorisation.
