2013 (9) TMI 1134 - AT - Central Excise

Summary

Issues involved: Dispute regarding deductions on account of cash discounts and equalized freight, enhancement of penalty on the assessee.

Summary:
The Appellate Tribunal CESTAT NEW DELHI heard the appeals of M/s. Havells India Ltd. and the Revenue arising from the same impugned order of the Commissioner (Appeals). The Revenue's appeal pertained to the enhancement of penalty on the assessee. The dispute centered around deductions for cash discounts and equalized freight. The adjudicating authority acknowledged the legal issue but did not grant relief to the assessee due to the lack of requisite documentary evidence. The appellant now claims to be able to produce the necessary documentation. Notably, a similar matter involving the same party and dispute for the earlier period was remanded by the Tribunal. Consequently, the Tribunal set aside the impugned order and remanded the matter to the Commissioner for fresh adjudication, allowing the appellant a reasonable opportunity to present the required documentary evidence. Both the assessee's and the Revenue's appeals were remanded to the Commissioner for joint decision. The stay petition and appeals were disposed of accordingly.