Cir. No.413/46/1998-CX, dt. 06/08/1998
- Document type
- Circular
- Reference no.
- E
- Dated
Appeals in CEGAT - Proper Authorisation by Commissioners Required
Appeals in CEGAT - Proper authorisation
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 appeals would not be considered at all for their merit.
The Board, therefore, directs that all Commissioners should carefully examine themselves the authorisation letters issued by them and it should be ensured by them that 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)
1. CIR NO.710/26/2003-CX, DT.23/04/2003)