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2004 (12) TMI 439 - AT - Central ExciseSurgical Mobile Image Intensifier T.V. System - Classification - Adjudication - Delegation of power
Issues Involved:
1. Classification of the product 'Surgical Mobile Image Intensifier T.V. System' 2. Direction of the Commissioner regarding abreacting the functions of the adjudicator Analysis: Issue 1: Classification of the product 'Surgical Mobile Image Intensifier T.V. System' The Tribunal noted that the Commissioner alleged that no material was produced by the assessee, despite the existence of literature and information provided by the assessee, along with details of other manufacturers producing identical products. The Tribunal found this discrepancy significant and decided to set aside the Commissioner's order. They directed the Commissioner to reconsider the materials already submitted by the assessee and any additional evidence they wish to present. The Tribunal emphasized the importance of considering all relevant materials before determining the classification and eligibility of the product. Issue 2: Direction of the Commissioner regarding abreacting the functions of the adjudicator The Tribunal addressed the Revenue's appeal concerning the Commissioner's directive to verify certain aspects after issuing orders. The Tribunal emphasized that a quasi-judicial authority must independently determine and conclude all relevant issues within the proceedings without delegating such powers to other officers. The Tribunal found the Commissioner's approach inappropriate and held that the Revenue's appeal should be allowed. Consequently, the Tribunal ordered a fresh de novo adjudication on all aspects by the Commissioner due to setting aside the order in the appeal of the assessee. In conclusion, the Tribunal disposed of both appeals by setting aside the previous orders and directing a fresh adjudication by the Commissioner. They also imposed a one-month time frame for the Commissioner to dispose of the matter and instructed the appellants to cooperate with the remand proceedings.
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