2010 (3) TMI 1265 - AT - Central Excise

Summary

Issues involved: Challenge to order of Commissioner (Appeals) regarding deposit of excess freight/insurance charges without basis.

Summary:
The appeal before the Appellate Tribunal CESTAT Delhi arose from an order passed by the Commissioner (Appeals), Jaipur, directing the respondents to deposit the amount collected as freight/insurance charges in excess to actual expenses incurred on transportation/insurance. The challenge to the impugned order was based on the ground that the Commissioner (Appeals) did not give any finding on the demand of duty amount ordered to be deposited. The respondents had not challenged the findings in the proceedings of finalization of provisional assessment. The Tribunal held that the Commissioner (Appeals) should have considered this aspect before deciding the matter. As a result, the impugned order was set aside, and the matter was remanded to the Commissioner (Appeals) for fresh consideration in accordance with the law. The Tribunal clarified that the interference in the order was limited to the respondents and not other parties involved in the case. The appeal was allowed on this limited ground, and the matter was disposed of accordingly.