2011 (9) TMI 899

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..... firmed by the Commissioner (Appeals), because on these basis, the appeal of the Department and the cross-objection of the assessee were disposed of. Tribunal omitted to consider the department’s appeal on merits. Only on the assessee not contesting the Commissioner (Appeals) order and thereby not pressing, his cross appeal would not permit the Tribunal to dismiss the Department’s appeal as well. T .....

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..... ubmitted that he is not contesting duty of ₹ 12,395/- as confirmed by the Commissioner (Appeals). We, therefore, sustain the demand of ₹ 12,395/- as confirmed by the Commissioner (Appeals) being not contested. Otherwise the appeals and cross objections are dismissed". 3. From the above order, it can be seen that the assessee had not contested the duty demand of ₹ 12,395/- a .....

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