2018 (6) TMI 372 - AT - Central Excise

Validity of remand orders - issue of time limitation not considered in earlier remand orders - whether Commissioner (Appeals) can decided on the issue of limitation? - Held that - The impugned order has been passed on the issue of limitation, which according to Revenue was not specifically remanded by Commissioner (Appeals) in the earlier order dated 16.5.2005 - So long as earlier order did not deal with the issue of limitation, it was open to the Commissioner (Appeals) to examine the issue of limitation - appeal dismissed - decided against Revenue.

Summary

Issues: Appeal against setting aside demand of duty and penalty by Commissioner (Appeals); Consideration of limitation issue not specifically remanded.

Analysis:
1. The appeal was filed by the Revenue challenging the order of the Commissioner (Appeals) which set aside the demand of duty and imposition of penalty. The matter was initially remanded by the Commissioner (Appeals) to the adjudicating authority to decide on specific contentions raised by the assessee regarding the rate of duty on Ready Mix Concrete and exemption of duty on Cement Block post a certain date.

2. The Joint Commissioner, in compliance with the directions of the Commissioner (Appeals), adjudicated the case afresh focusing only on the two points specified in the remand order. The Joint Commissioner determined that Ready Mix Concrete was liable for excise duty at 8% during a specific period and that certain Cement products were not exempted from duty. However, the Revenue contended that the Joint Commissioner delved into the entire case instead of solely addressing the specified points.

3. The Counsel representing the respondent relied on the impugned order during the proceedings. The Tribunal examined the extract of the earlier order and observed that the issue of limitation was not addressed in the previous remand orders. The impugned order, however, was based on the issue of limitation, which the Revenue argued was not part of the specific remand by the Commissioner (Appeals) in the earlier order dated 16.5.2005.

4. The Tribunal held that since the issue of limitation was not dealt with in the earlier order, the Commissioner (Appeals) was within their authority to consider and decide on the limitation issue. Consequently, the Tribunal found no merit in the Revenue's appeal and dismissed it accordingly. The decision was based on the principle that unless an issue was expressly remanded, it was permissible for the appellate authority to address additional issues not covered in the remand order.