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2015 (8) TMI 631 - SUPREME COURT

2015 (8) TMI 631 - SUPREME COURT - 2016 (338) E.L.T. A145 (SC) - Valuation of goods - Incusion of Commission - Held that:- CESTAT has committed an error in the impugned order in not considering the question of "commission" on the ground that it was not raised in the show cause notice - from the reading of the show cause notice that it was specifically raised therein as an independent issue. However, instead of remanding the case back to the CESTAT, it would be more appropriate that the adjudicat .....

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learned counsel appearing for the Revenue that the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT') has committed an error in the impugned order in not considering the question of "commission" on the ground that it was not raised in the show cause notice. We find from the reading of the show cause notice that it was specifically raised therein as an independent issue. However, instead of remanding the case back to the CESTAT, it would be .....

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