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2014 (11) TMI 866 - HC - Central ExciseValidity of order passed by the CESTAT - Matter not decided on merits - Held that - CESTAT has not at all decided the present dispute on merits. Since the CESTAT has not decided the present matter on merits, this Court is of the view to set aside the order passed by the CESTAT in 2005 (8) TMI 478 - CESTAT, CHENNAI and to remit the matter to the file of the CESTAT. Since the matter is liable to be remitted to file of the CESTAT, the substantial questions of law raised on the side of the appellant need not be decided and altogether the present Civil Miscellaneous Appeal is liable to be allowed. - Decided in favour of assessee.
Issues:
Manufacturing cattle feed using rice bran without paying Central Excise Duty; Validity of show cause notice; Appeal against CESTAT decision; Legal maintainability of Civil Miscellaneous Appeal. Analysis: The case involves the respondent manufacturing cattle feed using rice bran without paying Central Excise Duty, leading to a show cause notice issued on 10-11-1997 for payment of duty for the period from 21-5-1991 to 24-7-1996. The Department's demand was upheld in Order-in-Original No. 9 of 1998, challenged before CESTAT, which set aside the demand due to non-supply of certain statements to the assessee. The appellant raised substantial questions of law regarding the sufficiency of evidence and the nature of the demand. The appellant contended that the CESTAT erred in setting aside the Order-in-Original based on technical grounds, arguing that the nature of the demand and the statements referred to were immaterial. The respondent argued that as per Section 35G of the Central Excise Act, the appeal should have been filed before the Apex Court, making the Civil Miscellaneous Appeal legally unsustainable. The appellant countered this by stating that since the CESTAT did not decide the matter on merits but on technical grounds, the appeal was maintainable. The High Court found that the CESTAT did not decide the dispute on merits but on a technical point, leading to the decision to set aside the CESTAT's order and remit the matter back for a proper decision on the real dispute. The Court allowed the Civil Miscellaneous Appeal without costs, setting aside the CESTAT's order and directing the Appellate Tribunal to decide the dispute on its merits, allowing both parties to present additional evidence for a fair resolution.
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