2015 (8) TMI 1418 - SC - Central Excise

Classification of goods - Reishi Gano (RG) and Ganocelium (GL) - the decision in the case of DXN HERBAL MFG. (INDIA) PVT. LTD. Versus COMMR. OF C. EX. PONDICHERRY 2005 (12) TMI 411 - CESTAT CHENNAI contested - Held that - The submission is that the said material has not been taken into consideration either by the Commissioner or the CESTAT - this was the precise reason because of which while issuing show cause notice this Court indicated that the matter may be remanded back to the Tribunal for fresh consideration - appeal placed on remand.

Summary

Issues:
Remand for fresh adjudication due to crucial factual aspects not properly noticed by the Tribunal.

Analysis:
The Supreme Court issued a show cause notice in an appeal by the assessee, highlighting that certain crucial factual aspects were not properly noticed by the Tribunal. The appellant's counsel pointed out that substantial material supporting the contention that the products in question were used in curing diseases was provided to the Commissioner and CESTAT but was not considered. Consequently, the Court decided to remand the case back to the CESTAT for fresh examination, emphasizing that no opinion on the merits of the case was expressed. The CESTAT's order was set aside, and the Tribunal was directed to reexamine the issue after considering the material presented by the assessee. The Tribunal was instructed to decide the case within six months from the date of receiving the order.

This judgment underscores the importance of considering all relevant material and factual aspects in adjudicating cases. The Court's decision to remand the case for fresh examination by the Tribunal demonstrates the commitment to ensuring a fair and thorough review of the evidence and submissions presented by both parties. By setting a timeline for the Tribunal to decide the case, the Court aims to expedite the resolution of the matter, considering its age. The directive for a fresh examination after taking into account the material provided by the assessee reflects the Court's dedication to upholding procedural fairness and ensuring that all pertinent information is duly considered in reaching a just decision.