2004 (3) TMI 467 - AT - Central Excise

Appeal heard by Commissioner (Appeals) against orders passed by him as adjudicating authority - Remand

Summary

Issues:
The issue involves the correctness of the Commissioner (Appeals) decision regarding the inclusion of freight and insurance charges in the sale at the factory gate, and the impropriety of the Commissioner (Appeals) acting as an adjudicating authority in some cases.

Analysis:
In these appeals, the Revenue raised an identical issue concerning the inclusion of freight and insurance charges in the sale at the factory gate. The Tribunal referred to a previous decision and noted that the Commissioner (Appeals) correctly concluded that the earlier decision was no longer valid in light of a Supreme Court judgment. The Tribunal agreed with the Commissioner's view that the sale occurred at the factory gate, making the previous decision on charges applicable. The Tribunal dismissed the appeals and cross-objections, affirming the Commissioner's decision.

Regarding the impropriety of the Commissioner (Appeals) acting as an adjudicating authority in some cases, the Tribunal acknowledged the seriousness of the situation. However, considering that the issue was settled by the Supreme Court and the amounts involved were not substantial, the Tribunal decided not to remand the matter to another Commissioner. The Tribunal reasoned that any Commissioner would have to follow the Supreme Court's decisions. Therefore, the Tribunal declined to interfere with the orders, leading to the dismissal of the appeals and disposal of the cross-objections.