2005 (2) TMI 641 - AT - Central Excise

Summary

Issues:
1. Appeal against the order of Commissioner (Appeals) being dismissed as infructuous.
2. Commissioner's error in holding the Revenue's appeal as infructuous.

Analysis:
1. The case involves the Revenue's appeal against the Commissioner (Appeals)'s order being dismissed as infructuous. The Commissioner dismissed the Revenue's appeal on the grounds that the order of the Additional Commissioner had already been set aside while dealing with the assessee's appeal against the same order. The Tribunal had earlier remanded the matter back to the Commissioner to consider the issues of limitation and merits afresh. The Commissioner's decision to treat the Revenue's appeal as infructuous was challenged.

2. The Tribunal found that the Commissioner erred in deeming the Revenue's appeal as infructuous. It was emphasized that the Revenue had legitimate concerns against the Additional Commissioner's orders, similar to the assessee's reasons for appeal. The Commissioner was obligated to address the Revenue's appeal on its merits, just as he had done with the assessee's appeal. However, the Commissioner failed to do so, leading to the decision being set aside. The Tribunal remanded the matter for fresh consideration on merits after scheduling a new hearing date for both parties.

In conclusion, the appeal was allowed by way of remand, highlighting the importance of addressing all appeals on their merits and ensuring a fair and thorough consideration of each party's grievances.