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M/s. Toshiba JSW Power Systems Pvt. Ltd. Versus Commissioner of Customs, Chennai

2015 (10) TMI 828 - CESTAT CHENNAI

Remand of matter – Consideration of issue relating to penalty and fines – Appellants received order of Commissioner (A) remanding matter to adjudicating authority –However there is no finding regarding fine and penalty and has upheld same – Hence, th .....

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have already obtained amendment of advance licence from licensing authority and directed original authority to consider case based on advance licence – Since on merit case already remanded to adjudicating authority, question of imposition of fine and .....

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uction of fine and penalty is not correct – When issues on merit is remanded, fine and penalty also is to be decided by adjudicating authority afresh in his denovo proceedings – Adjudicating authority directed to decide merits of case and on issue of .....

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ered Accountant For The Respondent : Shri B. Balamurugan, AC (AR) Per R. Periasami The appellant has filed application for condoning the delay of 50 days in filing the appeal. On 18.11.2014, the appellants received the order of the Commissioner (Appe .....

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usion whether the adjudicating authority will decide on fine and penalty which resulted in the delay of 50 days in filing the appeal. 2. Considering the submission of the learned consultant, we condone the delay of 50 days and allow the COD applicati .....

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licence and the adjudicating authority confirmed the demand and imposed penalty. The Commissioner (Appeals) in the impugned order remanded the matter to the adjudicating authority on the ground that the appellants have already obtained the amendment .....

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