9911796707
TMI Blog2011 (11) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellant. Shri R. Nagar, AR, for the Respondent. ORDER This appeal is directed against Order-in-Appeal No. 266/2004 (Ahd-I), dated 23-9-2004. 2. The relevant fact which arise for consideration is appellants herein had deposited an amount of Rs. 5 crores as was directed by the learned Commissioner (Appeals) for hearing and disposing appeal against Order- in-Original No. 40-48/97, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue has been remanded back by the Tribunal vide final order dated 8-6-2009 as reported in 2009 (243) E.L.T. 453 (Tri. - Ahmd.) and an appeal filed by the Revenue against the very same order was also remanded back to the adjudicating authority vide final order dated 29-8-2011. It is his submission that since this appeal is a consequent action upon the outcome of the remanded matter, this matter als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dues, in our considered view this current impugned order is incorrect, as there are no Government dues pending from the assessee. In light of this, the impugned order is set aside and the matter is remanded back to the adjudicating authority to reconsider the issue afresh after deciding the matter which has already been remanded. Appeal is allowed by way of remand. (Operative portion pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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