2016 (1) TMI 298

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..... (AR) ORDER Per M V Ravindran This appeal is filed by the appellant against Order-in-Original No. 23/ST/COMMR/2010 dated 28/07/2010. 2. Heard both sides and perused the records. 3. On perusal of records, it transpires that the appellant herein has filed the appeal against order in review passed by the Commissioner of Central Excise, Customs and Service Tax, Aurangabad, under the provisions of .....

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..... the Tribunal by setting aside the order in appeal dated 25/06/2009 by way of remand to the adjudicating authority. 5. This order is reported at - 2011-TIOL-48-CESTAT-Mum. Since the issue involved in this appeal is before the adjudicating authority on remand from the Tribunal, we find that the impugned order in review which imposes penalty under Section 76, also needs to be set aside, as it does .....

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