9911796707
TMI Blog2010 (3) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... and the CESTAT by its order dated 4-7-2005 has allowed the appeal filed by the Revenue and has set aside the levy of penalty and interest on the ground that the respondent had paid the duty before issuance of the show cause notice. The said order is in challenge in this appeal. Penalty and interest set aside by Tribunal without assigning reason thereof. Held that - matter remaded to Tribunal to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arances. In order to avail the said benefit, according to the Revenue, it had suppressed that the cotton used for manufacture was not entirely out of indigenous raw materials and has erroneously availed the benefit under notification dated 1-3-1997 and notification dated 2-6-1998 while discharging duty on DTA clearances. Since there was suppression of facts, according to the Revenue, a show cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid the duty before issuance of the show cause notice. The said order is in challenge in this appeal. 3. We have heard the learned counsel for the appellant-Revenue and the learned counsel for the respondent-assessee and perused the material on record. 4. Though the Tribunal has set aside the levy of penalty and interest, we find on perusal of the said order, no reasons have been assigned as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the light of the relevant provisions of law and the judgments of the various courts and then come to a conclusion as to whether the respondent-assessee is entitled to waiver of penalty and interest. 5. For the aforesaid reasons, the impugned order is set aside and the matter is remitted back to the Tribunal to dispose of the same in the light of the aforesaid observations and in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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