2021 (11) TMI 111 - AT - Central Excise

Rectification of mistake - error apparent on the face of record or not - grievance of the appellant is that they had raised the following specific grounds which were not decided by this Tribunal and hence there is mistake apparent on record - HELD THAT - The grounds had been taken by the appellant and the same have not been adjudicated by this Tribunal in the Final Order. Thus there is a mistake apparent on the face of record. The impugned order is set aside and appeals are allowed and this order shall be treated as Final Order. Thus the order-in-appeal is set aside and order-in-original is restored. Appeal allowed.

Summary

Issues: Rectification of mistake applications for dismissal of appeals, Adjudication order beyond limitation period, Scope of show cause notice, Eligibility of cenvat credit on cost of food recovered from employees.

The judgment pertains to rectification of mistake applications filed by the appellant-assessee regarding the dismissal of appeals in Final Nos. 50667-50669/2020. The appellant contended that specific grounds raised in the appeal were not decided by the Tribunal, leading to a mistake apparent on record. These grounds included the adjudication order being beyond the limitation period under Section 11A(11) of the Central Excise Act and the Commissioner (Appeals) exceeding the scope of the show cause notice. The appellant argued that the order-in-original was void due to being beyond the limitation period, even though the Adjudicating Authority had dropped the demand notice. The Commissioner (Appeals) upheld the eligibility of cenvat credit but opined that the appellant was not entitled to credit on the cost of food recovered from employees, a point not raised in the show cause notice. The matter was remanded for further verification. The Authorised Representative for the Revenue supported the findings in the final order.

After considering the contentions, the Tribunal found merit in the grounds not decided in the final order and recalled and modified it. The Tribunal held that the adjudication proceedings were time-barred under Section 11A(11), setting aside the impugned order on this ground. Additionally, it was determined that the Commissioner (Appeals) had exceeded the scope of the show cause notice, rendering the order-in-appeal legally flawed. Consequently, the appeals were allowed, the impugned order was set aside, and the order-in-original was restored. The judgment concluded by allowing all three appeals and disposing of the miscellaneous applications accordingly.