1987 (6) TMI 297

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..... the Respondents. [Order per : G. Sankaran, Vice President]. - This purported appeal has been filed by the Deputy Collector (I) of Central Excise, Calcutta against the order-in-Appeal noted above. The Memorandum of Appeal and the verification have been signed by the Deputy Collector. The authorisation by the Collector, as required in terms of Section 35B(2) of the Central Excises and Salt Act, 1 .....

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..... e considered. Shri Vineet Kumar produced before us an authorisation issued by the Collector in the name of the Deputy Collector. It is, however, post dated having been signed on 4-10-1983, the appeal itself having been filed in March, 1983. The Sr. D.R. submitted that since an authorisation had now been produced, the Collector should be deemed to have ratified the filing of this appeal by the Depu .....

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..... t the Collector's direction in the matter of approaching the Central Government for review of the order should be deemed to be as good as an authorisation to file an appeal to this Tribunal in the changed circumstances. The lack of contemporaneous formal authorisation is only a procedural lacuna which could be overlooked and the appeal entertained on the basis of the authorisation presently filed. .....

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..... n 36 of the Act as it stood at the material time. We do not think that this consideration and the note recorded by the Collector on the basis of such consideration amount to an opinion as envisaged by Section 35B(2). At the material time, when the Collector recorded his note, there was no statutory provision regarding the Collector forming an opinion that the Appellate Collector's order was not le .....

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..... or, at least, be contemporaneous with, the filing of the appeal. Lack of such authorisation amounts to failure to comply with the statutory requirement. In our opinion, the defect cannot be cured by the subsequent authorisation by a successor Collector after a long lapse of time. 8. We would therefore, dismiss the purported appeal as not maintainable.
Case laws, Decisions, Judgements, Orders .....

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