2011 (1) TMI 931 - AT - Central Excise

Demand of duty - matter was re-adjudicated against the appellant - appeal of the appellant before this Tribunal - original adjudicating authority to re-determine the assessable value as per CAS-4 and other issues arising in the appeal, Tribunal in Appeal, which was disposed off by order, in view of the earlier order in the matter passed by this Tribunal With these observations, the appeal is disposed of.

Summary

Issues:
Appeal against remanded matter for re-determination of duty demand.

Analysis:
The appeal in question was filed by the appellant against an impugned order that remanded the matter to the adjudicating authority for re-determination of duty demand. The appellant had previously filed an appeal in 2003, leading to a re-adjudication of the matter. Subsequently, the appellant appealed to the Commissioner (Appeals) who rejected their appeal, prompting the appellant to approach the Tribunal. The Tribunal, in a previous order dated 08/12/2005, directed the original adjudicating authority to re-determine the assessable value as per CAS-4 and address other issues raised in the appeal. However, during the proceedings of a previous appeal before the Tribunal, it was not brought to the attention of the Tribunal that the current appeal was pending for disposal. The Tribunal noted this oversight and concluded that since it had already taken a view on the matter in the previous order, the current appeal would not survive. Consequently, the Tribunal declined to pass any order on the merits of the case and disposed of the appeal accordingly.