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2015 (12) TMI 803 - KARNATAKA HIGH COURT

2015 (12) TMI 803 - KARNATAKA HIGH COURT - 2016 (331) E.L.T. 178 (Kar.) - Validity of tribunal order - Whether the Final Order of the Tribunal was right in passing non speaking order based on the submissions made on behalf of the assessee without going into the merits of the case - Held that:- All that has been stated in the order of the Tribunal is that the submissions made were found to be correct, without assigning any reason why the same were found to be so. The contentions of the revenue we .....

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ging the order of the Tribunal dated 21.11.2014 whereby the appeal of the assessee was allowed by the Tribunal and the appeal filed by the revenue has been dismissed. 2. The brief facts of this case are that the respondent-assessee is engaged in the manufacture of aluminium ingots from aluminium scrap and was availing the facilities of CENVAT credit under CENVAT Credit Rules, 2004. In a search conducted by the Officers of Preventive Wing of the Department, it was found that inputs (raw materials .....

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d and the order of the appellate authority was modified to the extent that the penalty was reduced to 25%. Aggrieved by the said order, the revenue as well as the assessee filed two separate appeals before the Tribunal and the appeal filed by the assessee has been allowed whereas appeal filed by the revenue has been dismissed. Challenging the said order, this further appeal has been filed raising several questions of law. 3. We have heard Sri K.N.Mohan, learned counsel for the appellant-revenue .....

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