Circular No. 413/46/98-CX
dated 6/8/1998
F.No. 390/120/98-JC

Government of India

Ministry of Finance, Department of Revenue

Central Board of Excise & Customs, New Delhi

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Subject:  Appeals in CEGAT – Proper authorisation reg.

It has recently come to Board”s notice that in a number of cases. CEGAT has dismissed the Department”s appeals on the Technical ground That these did not have proper authorisation by the concerned Commissioners, even though the merits of the cases were prima faciein favour of the Department. But for the aforesaid deficiency in authorisation required to be issued by the concerned Commissioners, the chances of success of Revenue appeals were quite high.

The above position is quite disturbing. It is apparent that there is no adequate care or precaution being taken while issuing the authorisation by the Commissioners. To ensure the proprieties of authorisation it needs no emphasis that the issue of a proper authorisation by the Commissioners is important prerequisite step without which the app appeals would not be considered at all for their merit.

The Board, therefore, directs that all Commissioner should carefully Examine themselves the authorisation letters issued by them and it should be ensured by them the in all such cases, the authorisation issued is correct and proper in all respects. In future there should be no occasion where a revenue appeal may get dismissed for want of proper authorisation by the Commissioner. Serious view will be taken, if any lapses of the nature mentioned above are noticed in future which puts revenue interests in jeopardy.

In this connection your attention is also drawn to Hon”ble Supreme Court decision in C.A.No. 4255 of 1997- in the matter of CCE. Vadodara v. Rohit Pulp Paper Mills reported in 1998 (27) RLT 201 (SC) wherein it has been held that formation of opinion that order is not proper or legal is a pre-requisite for issue of authorisation/ direction and without authorisation/ direction it is neither legal nor proper.

This Board desires that these instructions should be noted for strict compliance by all Commissioners.

Sd/-
(A.K. Roy)
Deputy Secretary (Review)

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Category : Excise Duty (4049)
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