TMI Blog2010 (4) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal nor any reasons having been assigned as to why the penalty imposed upon the respondent is required to be set aside, it is not possible for this Court to state one way or the other as to whether the Tribunal was justified in setting aside the said penalty - The impugned order of the Tribunal, being a non-speaking order insofar as the case of the present respondent is concerned, cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on the ground of the invoices of manufacturer if the goods are not manufactured by him? 3. At the outset the learned Standing Counsel for the appellant-revenue submits that the question as proposed does not arise from the impugned order in relation to the present respondent and seeks permission to re-frame the question proposed. Permission is granted. 4. Heard the learned advocates for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e circumstances, it was not necessary for the Tribunal to record independent findings in relation to each of the parties, the Tribunal having passed a consolidated order. 8. As can be seen from the impugned order of the Tribunal, the Tribunal has discussed the facts of the case only in light of the main issue, namely, as to whether M/s. Manaksia Limited was entitled to avail of CENVAT Credit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is incumbent upon it to appreciate the evidence; consider the reasoning of the adjudicating authority and assign its own reasons as to why it disagrees with the reasons and findings given by the adjudicating authority. Unless adequate reasons are given, merely because it is an appellate authority, the Tribunal cannot brush aside the reasoning and findings recorded by the adjudicating authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal is set aside to the extent it sets aside the penalty imposed upon the respondent under Rule 26 of the Rules. Tax Appeal No. E 726 of 2007 filed by the respondent M/s. Ishan Technologies Private Limited is restored to the file of the Tribunal. The Tribunal shall decide the matter afresh in accordance with law, after giving the parties an opportunity of hearing. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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