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2011 (8) TMI 339 - AT - Central ExcisePowers to remand - Commissioner (Appeals) - To discharged the duty liability - The issued involved in this case is regarding discharge of duty liability on ARE-3 and endorsements made on the re-warehousing authorities - This matter needs the factual verification by the adjudicating authority - Therefore, set-aside the impugned order and remand the matter back to the adjudicating authority to decide the case afresh, after following the principles of natural justice
Issues: Discharge of duty liability on ARE-3 and endorsements on re-warehousing authorities.
Paragraph 1: The miscellaneous application is filed by the Revenue for out of turn hearing of appeal No. E/1530 of 2011. Paragraph 2: The appeal is disposed of at this juncture as the issue lies in a narrow compass. The miscellaneous application is allowed, and the appeal is taken up for disposal along with the Cross Objections filed by the assessee. Paragraph 3: The Revenue is aggrieved by the order of the Learned Commissioner (Appeals) remanding the matter back to the adjudicating authority. The Revenue argues that the Commissioner (Appeals) does not have powers to remand the matter, citing a Supreme Court case. The Revenue requests the matter to be heard and disposed of by the Commissioner (Appeals). Paragraph 4: The issue needs to be decided based on facts and documents by the adjudicating authority. The Counsel states their readiness to appear before the adjudicating authority if the Tribunal remands the matter. Paragraph 5: The issue involves the discharge of duty liability on ARE-3 and endorsements on re-warehousing authorities, requiring factual verification by the adjudicating authority. The Tribunal sets aside the impugned order and remands the matter back to the adjudicating authority to decide the case afresh following the principles of natural justice. The adjudicating authority is directed to conclude within three months from the production of the order. The appeal is allowed by way of remand to the adjudicating authority, and Cross objections supporting the impugned order are also disposed of.
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