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2018 (5) TMI 775 - AT - Central ExciseClandestine removal - demand based upon the evidence collected from one M/s. Kamdhenu Ispat Ltd. - Held that - Inasmuch as, the other appeals of the Revenue, in identical circumstances and linked to the said evidence collected from M/s. Kamdhenu Ispat Ltd. stand remanded, by following the same, I remand the present appeal also to the original adjudicating authority - appeal allowed by way of remand.
Issues:
1. Appeal against order passed by Commissioner (Appeals) by the Revenue. 2. Confirmation of demands based on evidence from M/s. Kamdhenu Ispat Ltd. 3. Setting aside of orders in the case of M/s. Kamdhenu Ispat Ltd. by Commissioner (Appeals). 4. Remand of Revenue's appeals by the Tribunal. 5. Pleas raised by the respondent regarding clandestine removal. 6. Remand of the present appeal to the original adjudicating authority. 7. Allowance of Revenue's appeal by way of remand. Analysis: 1. The Revenue filed an appeal against the order passed by the Commissioner (Appeals) due to confirmed demands based on evidence from M/s. Kamdhenu Ispat Ltd. The Commissioner (Appeals) set aside the orders in the case of M/s. Kamdhenu Ispat Ltd., leading to the dropping of demands in the present case as well. 2. The Tribunal, in a similar matter, remanded the Revenue's appeals after setting aside the orders impugned before it. Additionally, in identical circumstances linked to the evidence from M/s. Kamdhenu Ispat Ltd., the Commissioner (Appeals) followed the earlier order and dropped the demands, leading to the remanding of all such appeals. 3. The respondent's advocate raised several pleas, arguing that the findings of clandestine removal were based on third party documents. However, it was acknowledged that all respondents in similar situations would have their matters remanded. 4. Considering the remand of other appeals of the Revenue in identical circumstances related to evidence from M/s. Kamdhenu Ispat Ltd., the present appeal was also remanded to the original adjudicating authority. The assessee was assured an opportunity to present their defense during the proceedings. 5. Ultimately, the Revenue's appeal was allowed by way of remand, with the decision pronounced in open court on 25/4/18.
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