2008 (5) TMI 497 - AT - Central Excise

Summary

Issues:
1. Condonation of delay in filing appeal due to wrong authorization.
2. Incorrect authorization for appeal filed by the Revenue.
3. Validity of appeal based on faulty authorization.

Analysis:
1. The judgment begins with the issue of condonation of delay in filing the appeal due to a wrong authorization submitted by the Revenue. The Tribunal notes that the application for condonation of delay is misdirected as there was no appeal filed along with the authorization. Consequently, the application is deemed infructuous and dismissed. Following this, the Tribunal proceeds to take up the appeal itself for disposal.

2. Moving on to the next issue, the Tribunal addresses the incorrect authorization for the appeal filed by the Revenue. The respondent's counsel argues that the authorization, signed by the same Commissioner holding additional charge, is erroneous. Referring to a previous case, the counsel highlights that the authorization should involve two different Commissioners, not one Commissioner with additional responsibilities. Upon reviewing the records, the Tribunal confirms that the authorization is indeed faulty, lacking a date and signed by the Commissioner in question. Considering the precedent set by the Division Bench decision, the Tribunal concludes that the appeal filed by the Revenue is incorrect and must be dismissed.

3. Lastly, the Tribunal examines the validity of the appeal based on the faulty authorization. It reiterates that the authorization's deficiencies render the appeal faulty and unsuitable for consideration. Citing the earlier decision and the arguments presented by the respondent's counsel, the Tribunal upholds the dismissal of the appeal filed by the Revenue. The judgment is pronounced in court, confirming the dismissal of the appeal.