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2006 DIGILAW 1343 (SC)

Dhuriapar Kisan Sahkari Chini Mills v. Commissioner of Central Excise

2006-11-10

C.K.THAKKER, R.V.RAVEENDRAN, Y.K.SABHARWAL

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JUDGMENT : 1. In this appeal notice was issued stating that the appeal may be disposed of at this stage by setting aside the impugned order and remitting the appeal for decision by the Tribunal on merits. 2. By the impugned order dated 12th July 2005, the appeal has been dismissed observing that it has not been filed by a competent person. It does not appear that any opportunity was granted to the appellant to satisfy the Tribunal that the same had been filed by an authorised person. Under these circumstances, we set aside the impugned judgment, remit the appeal to Customs, Excise & Service Tax Appellate Tribunal, New Delhi, for fresh consideration after hearing counsel for the parties. 3. It would be for the appellant to satisfy the Tribunal that the appeal has been filed by a duly authorised person. We express no view one way or the other. The decision on this - issue would be rendered by the Tribunal without influenced by the order dated 12th July 2005. It would be open to the Tribunal to grant opportunity to the appellant to file appropriate resolution/document if it comes to the conclusion that the appeal as filed has not been presented by the duly authorised person. The appeal is allowed accordingly.