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2018 (7) TMI 1783 - HC - Central ExciseNon-speaking order - Whether Hon'ble CESTAT is correct remanding the case for fresh adjudication on a new ground i.e.excisability & dutiability of RFO, which was not a ground for appeal, without calling for views from the Department, as per Rule 10 of CESTAT (Procedure) Rules, 1982? - Held that:- In M/S. NANDHI SPINNING MILLS (P) LIMITED VERSUS THE COMMISSIONER OF CENTRAL EXCISE [2017 (11) TMI 654 - MADRAS HIGH COURT], it was held that The tribunal is a final fact finding authority. Though the tribunal has considered the grounds of appeal, there is no discussion. The matter be remitted back to CESTAT, Chennai. CESTAT, Chennai, is directed to issue notice to both parties and give opportunity to the parties to raise all contentious issues - appeal allowed by way of remand.
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