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Issues involved:
Whether a show cause notice survives if part of it is held without jurisdiction by the appellate authority. Analysis: The appeal challenged an order setting aside the demand and penalty but upholding the confiscation of goods. The central issue was whether a show cause notice remains valid if part of it is deemed without jurisdiction. The appellant relied on the decision in the case of Godrej Soaps v. C.C.E., Mumbai. The Tribunal considered the submissions and referred to a Larger Bench decision regarding the validity of show cause notices issued for various purposes. The Larger Bench concluded that a show cause notice cannot be segregated into parts; if held without jurisdiction for one purpose, it is invalid in its entirety. The Tribunal upheld this principle, emphasizing that once a show cause notice is void in part, the entire notice is invalid. The Tribunal also highlighted that the issue of penalty and confiscation cannot proceed in the absence of a valid demand of duty. The Tribunal further discussed the doctrine of merger, stating that once a Tribunal decision is confirmed by the Supreme Court, it settles the law on the disputed issue. The Tribunal referred to the Transcab International case, emphasizing that if a Tribunal decision is not challenged before the Supreme Court, it should not be reconsidered. Therefore, the Tribunal upheld the decision in the Alcobex Metals case and concluded that if a show cause notice is set aside partly due to jurisdiction issues, confiscation arising from the same notice cannot be upheld. In conclusion, the Tribunal followed the Larger Bench decision and set aside the order upholding the confiscation of goods. The appeal was allowed with consequential relief, if any, in favor of the appellant.
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