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M/s Chemfab Alkalis Ltd. Versus Commissioner of Central Excise, Pondicherry

2016 (6) TMI 757 - CESTAT CHENNAI

Non speaking order - denial of natural justice - Held that:- Commissioner (Appeals) shall examine the relevant material facts, pleadings of the appellant in defence and test the same with evidence to apply the law to the situation and on the basis of .....

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ellant : Mr S Sankaravadivelu, Adv. For the Respondent : Mr B Balamurugan, AC (AR) ORDER Per D N Panda Learned counsel says that appellant is engaged in the manufacture of Caustic Soda Lye and Liquid Chlorine MS plates, MS angles, MS channels, CR Coi .....

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ture, MS Joist, Paint and Varnish etc. covered under Chapter 72, 83 and 90 were used in the factory for repair and maintenance enjoy the input credit. He further submits that learned Commissioner (Appeals) has not given any finding in respect of each .....

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n as to whether such goods can enjoy input credit or capital goods credit under the law. Without a reasoned and speaking order it is very difficult for the higher courts to make judicial review of the decision of the lower courts and reach to the con .....

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the issue examining the material and relevant facts of the case, test the same with evidence on record to apply the law as well as state the reason of his decision and record his decision. Unless such an elaborate process of law is followed, the orde .....

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arned Commissioner (Appeals) to hear the appellant afresh in the light of the development of law in the following judgments:- Commissioner of Central Excise, Jaipur Vs Rajasthan Spinning & Weaving Mills Ltd. reported in 2010 (255) E.L.T. 481 (S.C .....

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omic Zone Ltd. Vs Commissioner of Central Excise & Customs reported in 2015-TIOL-1288-HC-AHM-ST. - Sarawati Sugar Mills Vs Commissioner of Central Excise, Delhi-III reported in 2011 (270) E.L.T.465 (S.C.). - Vandana Global Ltd. Vs Commissioner of .....

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