2008 (9) TMI 674 - AT - Central Excise

Scope of Remand - Order of Appellate Tribunal - classification dispute - Tribunal had remanded the classification dispute to the original authority for de novo consideration - Whether the Tribunal is correct in doing so?

Summary

Issues:
Classification dispute between SH 8479.19, SH 8409.00, SH 8503.00, and SH 8714.00.

Analysis:

1. Classification Dispute:
- Three appeals, one by the assessee and two by the Revenue, involve a common classification dispute. The Commissioner (Appeals) initially classified the goods under SH 8479.19 in favor of the assessee, rejecting the Revenue's proposal for SH 8409.00. The assessee claimed SH 8503.00 for generator parts and SH 8714.00 for motorcycle parts. The Tribunal remanded the case for fresh consideration due to lack of reasoning for choosing SH 8409.00 over other headings. Upon remand, the original authority reaffirmed SH 8409.00 classification, leading to further appeals.

2. Remand Order Scope:
- The Tribunal remanded the case for a specific classification dispute between SH 84.09, SH 87.14, and SH 85.03. The lower appellate authority exceeded the remand scope by allowing the assessee to claim classification under SH 8479.19, not part of the original dispute. The Tribunal clarified that remand orders are specific, limiting parties from making new claims. Citing relevant legal provisions, the Tribunal held that the lower authority should have considered only the dispute remanded, leading to the allowance of Revenue's appeals by remand.

3. Appellate Authority's Duty:
- The appellate authority in the assessee's appeal failed to examine the original classification claimed by the assessee under SH 8503.00 and SH 8714.00. Following the same reasoning as in the Revenue's appeal, the Tribunal set aside the appellate authority's decision, emphasizing the need for a fresh consideration in line with the remand order. The Commissioner (Appeals) was directed to reevaluate the assessee's appeal after granting a reasonable opportunity for the party to present their case.

This detailed analysis highlights the classification dispute, the scope of remand orders, and the appellate authority's duty to consider the original claims in a legal judgment by the Appellate Tribunal CESTAT, Chennai.