2007 (9) TMI 682 - AT - Central Excise

Summary

Issues involved: Confirmation of demand and imposition of penalties against the respondents company and employees.

Summary:
1. The appeals were filed by the Revenue against Order-in-Appeal No. ZBN/290/M-V/2000, concerning the confirmation of demand and penalties against the respondents.
2. The adjudicating authority concluded that the respondents company was eligible for a discount benefit, leading to a lower confirmed demand compared to the show cause notice. The Revenue appealed the decision after the Ld. Commissioner (Appeals) upheld it.
3. The Ld. Commissioner (Appeals) did not independently assess the allowance/disallowance of the discount or the variation in discounts passed on. The Revenue challenged the order-in-original on various grounds with no findings by the Ld. Commissioner (Appeals).
4. The Tribunal found that the Ld. Commissioner (Appeals) did not consider the issue comprehensively, and the reasoning for upholding the order lacked substance. Therefore, the order was deemed unsustainable.
5. Consequently, all appeals by the Revenue were allowed for remand to the Ld. Commissioner (Appeals) for a fresh consideration of the issue, with all matters left open. The Ld. Commissioner (Appeals) was directed to provide the respondents with a personal hearing before reaching any conclusion.