TMI Blog2011 (10) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... tion the fact that the Tribunal can itself remand the matter, we find it fit to direct the original Adjudicating Authority to re-decide the issue of classification after obtaining the Chartered Engineer's opinion. - C/535 of 2010 - - - Dated:- 5-10-2011 - Ms. Archana Wadhwa, Mr. Rakesh Kumar,JJ. Appearance: Shri R.K. Gupta, DR for the Appellants Shri Sudhir Malhotra, Advocate f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. On the other hand, the Appellant has submitted a Certificate dated 7.6.2010 from Chartered Engineer M/s. EEPCINDIA as per which the impugned which were threaded rods of 19-20 feet length cannot be used as parts of machine as such and that it is to be sold as per requirement. The Adjudicating Authority did not requisitioned services of any Chartered Engineer to ascertain the actual position. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... level of original adjudicating Authority. As such, without going into the legal question as to whether the Commissioner (Appeals) has powers or not and by taking into consideration the fact that the Tribunal can itself remand the matter, we find it fit to direct the original Adjudicating Authority to redecide the issue of classification after obtaining the Chartered Engineer's opinion. 4. In v ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
