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2015 (3) TMI 1076 - CESTAT AHMEDABAD

2015 (3) TMI 1076 - CESTAT AHMEDABAD - TMI - Demand of differential duty - classification of Ship Stores, Bunkers, Movable Gears on board - Provisional assessment - held that:- Commissioner (Appeals) passed the order without going into the merits. Both the parties agreed that the matters should be remanded to the Commissioner (Appeals). Accordingly, we set aide the impugned order and the matters are remanded to the Commissioner (Appeals) to decide the appeal on merit after hearing the appellants .....

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various Vessels/Ships for breaking and bills of entries were provisionally assessed. There was a dispute of classification of Ship Stores, Bunkers, Movable Gears on board. Adjudicating Authority confirmed the final assessment and ordered to pay differential duty. The appellant filed appeals before the Commissioner (Appeals). By the impugned orders, the Commissioner (Appeals) dismissed the appeals for non-compliance of the stay order under Section 129E of the Customs Act 1962. 3. The Learned Advo .....

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t is reproduced below: From the above it is clear that to other Bench of the same Appellate Tribunal at Mumbai had allowed, in all, 523 appeals filed by other different Appellants and the case were remanded to the Commissioner (Appeals) with a direction to decide the same on merits by waiving pre-deposit. But, the Bench of the Appellate Tribunal Camp at Vadodara, without being aware of the order passed by other Benches of the Appellate Tribunal on 21.10.2002 and 31.10.2002 passed totally differe .....

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