2011 (4) TMI 239

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..... ne filed by the department (appellant) praying for stay of operation of the impugned order and other filed by the party seeking out-of-turn disposal of the department s appeal. The Early Hearing Application is dismissed as infructuous, as the department s appeal itself arises today for final disposal.   2. The grounds raised by the appellant in the memorandum of appeal are seen to have been .....

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..... ounsel for the respondent also, who is not opposed to a remand of the entire case to the original authority.   4. On a perusal of the impugned order, we have noted that the learned Commissioner (Appeals) recorded valid reasons for remand of the case to the lower authority. Though, he did not have the power of remand, the reasons stated by him for remand of the case cannot be overlooked. The .....

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..... w-cause notice after giving the noticee a reasonable opportunity of replying to the notice and of being personally heard. We also expect the party to co-operate with the adjudicating authority. Considering the nature of the goods lying with the department on account of confiscation, and the attendant facts and circumstances of this case, we would expect the adjudicating authority to pass final ord .....

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