2011 (1) TMI 809 - AT - Service Tax

Power of remand - Commissioner(Appeals) has remanded the matter back to the Adjudicating Authority for re-processing of refund claim based upon the finding recorded in para -6 of his order - As per the decision of the Hon ble Supreme Court of India in the case of Mil India Ltd. Vs. CCE, Noida 2007 -TMI - 1196 - SUPREME COURT OF INDIA , held that Commissioner(Appeals) does not have power to remand the matter back to the Adjudicating Authority - Therefore, the impugned order is set aside and the matter is remanded back to the ld. Commissioner(Appeals) to consider the issue afresh at his level only after following the principles of natural justice - Appeal is thus allowed by way of remand.

Summary

Issues:
1. Remand of matter by Commissioner(Appeals) for re-processing refund claim.

Analysis:
The appellate tribunal heard an appeal filed by the Revenue against Order-in-Appeal No.8/2010 regarding a refund claim. Despite the absence of the respondent, the tribunal proceeded due to the narrow compass of the issue. The Revenue argued that the Commissioner(Appeals) had remanded the matter back to the Adjudicating Authority for re-processing the refund claim, which, according to the Revenue, was not permissible based on a Supreme Court decision. The tribunal noted that the Commissioner(Appeals) indeed remanded the matter in an appeal filed by the assessee, contrary to the law established by the Supreme Court in a specific case. Consequently, the tribunal set aside the impugned order and remanded the matter back to the Commissioner(Appeals) for reconsideration, emphasizing the need to adhere to the principles of natural justice. The appeal was allowed by way of remand to the Commissioner(Appeals).

This judgment revolves around the issue of whether the Commissioner(Appeals) has the authority to remand a matter back to the Adjudicating Authority for re-processing a refund claim. The tribunal, after considering the arguments presented by the Revenue and examining the impugned order, concluded that the Commissioner(Appeals) had overstepped by remanding the matter, as established by a precedent set by the Hon'ble Supreme Court of India. The tribunal emphasized the importance of adhering to legal precedents and directed the matter to be reconsidered by the Commissioner(Appeals) while ensuring the application of principles of natural justice. The decision highlights the significance of following established legal principles and procedures in matters of appeal and remand within the legal framework governing such cases.