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2018 (1) TMI 372 - HC - Central ExcisePrinciples of Natural Justice - non-speaking order - Whether in the facts and circumstances of the case, the Tribunal was right in remanding the case back to the adjudicating Authority to decide the case afresh without having dealt with the appellant's contention that the issue was covered in the appellant's own case by the earlier order of the Tribunal dated 24th August, 2015? Held that: - impugned order merely records the appellant's contention that the issue is covered by the earlier order of the Tribunal but thereafter, it is not dealt with the earlier order dated 24th August, 2015 to show in what manner the same would not apply to the two appeals, which were before the Tribunal leading to the impugned order dated 28th October, 2015 - this Court in Commissioner of Central Excise, PuneI Vs. Syntel International Pvt. Ltd., [2015 (7) TMI 887 - BOMBAY HIGH COURT] has taken a view that though the appellate Authority has power of remand, the same should not be exercised routinely and as a matter of course. Appeal disposed off.
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