2012 (4) TMI 41 - AT - Central Excise

Availability of turnover discounts Commissioner dismissed appeal for non-compliance with the stay order pre-deposit confirmed - Held that - Identical issue came before Tribunal in 2011 and unconditional stay was granted. Since Commissioner has not decided the appeal matter is remanded back for decision on merits without insisting of any pre-deposit.

Summary

The Appellate Tribunal CESTAT, New Delhi allowed the stay petition and remanded the matter for decision on merits without insisting on any pre-deposit. The Commissioner's order was set aside, and the appeal was decided in favor of the appellant. The stay petition and appeal were disposed of accordingly.