Regarding guidelines for launching prosecution under the Central Excise
and Salt Act, 1944
Circular
No. 35 dated 29TH April 1994
I
am directed to refer to Board�s Letter F. No. 281/7/89-CX.6 dt 09/08/90
regarding above mentioned subject.
2.
Board has received the references regarding procedure to be followed in
case prosecution to be launched where there is one Adjudicating Officer for
number of factories located under jurisdiction of different Collectorates.
3.
The issue has been examined by Board. It has been decided that in types
of cases mentioned above, following procedure should be followed:
(i)
Whenever any Adjudicating Officer is entrusted with the work of
adjudicating a case relating to more than one factory located under jurisdiction
of different Collectorates, the concerned Adjudicating Collector shall apply his
mind and give his finding on the fitness or otherwise of the case for launching
prosecution.
(ii)
After recording his finding he shall send the file or as the case may be
parallel file to each jurisdictional Collector of Central Excise who shall apply
his mind after going through the case record. His opinion shall be independent
of the one already expressed by the concerned Adjudicating Collectors. He should
record his reasons for the finding and forward the case records alongwith the
finding of the Adjudicating Officer and his to the Principal Collector. This has
to be done by each of the Collectors having jurisdiction over the factory and
intending to launch prosecution.
(iii)
In cases where prosecution is to be launched in the Head quarters of the
registered office of the factory irrespective of the locations of other
factories keeping in view the advice of the Attorney General it would be
desirable to forward the case records along with opinion of principal Collectors
to the Principal Office having jurisdiction over the factory nearest to the Head
Office of the Corporate Office of the assessee.
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