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2015 (8) TMI 1174 - BOMBAY HIGH COURT

2015 (8) TMI 1174 - BOMBAY HIGH COURT - 2015 (319) E.L.T. 680 (Bom.) - Duty demand - Validity of Tribunal's order - Tribunal remanded matter back to Commissioner - Held that:- Both sides conceded that recording of reasons by this Court may tantamount to expression of opinion either way. They do not therefore insist on any reasons being assigned. The Tribunal shall now re-hear the Appeal of the Assessee on merits and in accordance with law - Matter remanded back - Decided in favour of assessee. - .....

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has passed the following order and direction :- … 14. Since the matter is more than 12 years old and have already been adjudicated thrice by the .Commissioner and this is the third time the matter is coming up before the Tribunal, we direct the Commissioner to examine all the invoices now made available by the appellants and examine the same with reference to the law and decide about the duty liability without considering the 14 Declarations filed. Appellant shall extend all co-oper .....

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any details submitted by the assessee is not accepted findings should be given. The liability to penalty will be recomputed based upon the duty liability so arrived. 3. We have heard both sides and both do not dispute the position as noted in para 14 above. We do not understand as to why a matter of twelve (12) years old having been adjudicated thrice by the Commissioner and brought before the Tribunal should have been again remanded. Further, when it was examination of some invoices made a .....

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