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Central Excise - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

The appeal challenged the legality of remanding the matter to ...


Appeal dismissed over misunderstanding of remarks as remanding matter.

November 4, 2024

Case Laws     Central Excise     AT

The appeal challenged the legality of remanding the matter to the original authority and the legal authority of the Commissioner (Appeals) to do so during the relevant period. The Tribunal examined the impugned order and the appeal filed by the appellant in Form-4. It held that the Commissioner (Appeals) had not remanded the matter but had merely remarked that if challans evidencing deposit of service tax were produced, the amount already deposited may be adjusted against the demand. The Commissioner (Appeals) had upheld the order-in-original and rejected the appeal. The appellant's counsel had misunderstood these remarks as remanding the matter. The Tribunal found the impugned order correct and proper, dismissing the appeal.

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