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Commissioner, Central Excise & Service Tax Versus M/s Savita Oil Technologies Ltd.

2015 (9) TMI 719 - CESTAT AHMEDABAD

Power of Commissioner (Appeals) to remand back the matter - Held that:- Bench in the case of Bacha Motors (P) Ltd (2010 (5) TMI 86 - CESTAT, AHMEDABAD) has held that the Commissioner (Appeals) has such power to remand. In this judgment of Bacha Motor .....

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ven after the amendment of Section 35A(3) of Central Excise Act, 1944, the Commissioner (Appeals) continue to have power of remand. As the issue is no more res integra - Decided against Revenue. - Appeal No.E/10773/2013-SM; E/CROSS/10972/2013 - Order .....

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s that the Commissioner (Appeals) does not have the power to remand as per amended Section 35A(3) of Central Excise Act, 1944. 2. Shri L. Tendupatra (AR) appearing on behalf of the Revenue argued that the Commissioner (Appeals) does not have the powe .....

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(255) ELT 530 (Tri-Ahmd)], under which it is held that the Commissioner (Appeals) has the power to remand. 4. Heard both the sides and perused the case records. The issue involved in this case is regarding the power of Commissioner (Appeals) to reman .....

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