TMI Blog2018 (1) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... hat their trading activity is statutory auditor - the First Appellate Authority was correct in dropping the demands of the duty of ₹ 32,76,128/- on a sound reasoning - the appeal filed by the Revenue is devoid of merits and is rejected. SSI exemption - threshold limit - Held that: - the demand of the duty liability on the appellant needs to be tested with the plea of the appellant s counsel that they are eligible for SSI Exemption during the relevant period. In order to do so, it is imperative that the adjudicating authority be given an opportunity to decide the matter after considering the submissions of the appellant assessee herein - matter on remand. Appeal allowed in part nad part matter on remand. - Appeal No.E/622 & 730/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the value of traded goods and not the manufactured one. The adjudicating authority after considering the submissions made, confirmed the demand raised with interest and also imposed equivalent amount of penalty. The appeal was preferred before the First Appellate Authority. The First Appellate Authority after considering the entire issue upheld the duty demand of ₹ 13,70,651/- and set aside the demand to the tune of ₹ 32,76,128/- accepting the conditions raised by the appellant assessee before him. 4. Ld. Counsel appearing for the appellant assessee takes the bench through the records various certificates produced before the Lower Authorities to justify that they had manufacturing activity as well as the trading activit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Exemption. 5. Ld. DR while arguing the Revenue s Appeal submits that the First Appellate Authority has not considered the entire records in its correct perspective. It is his submission that First Appellate Authority has incorrectly appreciated the Chartered Accountant Certificate produced by the appellant assessee for reconciliation of the demand of the duty. It is his further submission that the appellant had not taken up this Chartered Accountant Certificate before the Adjudicating Authority and the point raised by the Ld. Counsel as to eligibility to SSI Exemption is also raised for the first time. 6. On careful consideration on submissions made, are regards the appeal filed by the Revenue, I find that the said appeal is devoid of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter considering the submissions of the appellant assessee herein. Accordingly, on this point of the demand of the confirmation of the duty on the appellant, and the eligibility to the SSI benefits as was during the relevant period, I remit the matter back to the adjudicating authority to reconsider the issue afresh after following the principles of natural justice. Appellant assessee is also at liberty to produce any documents on which they used to rely upon. The Adjudicating Authority will follow the principles of natural justice before coming to a conclusion. The appeal filed by the assessee is disposed of by way of remand to the adjudicating authority only in respect of the challenge made by the assessee before the Tribunal. Both the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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