Custom, Excise & Service Tax Tribunal
Cce & St, Raipur vs Bhilai Steel Plant on 24 June, 2015
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
WEST BLOCK NO.2, R.K. PURAM, NEW DELHI-110066
BENCH-SM
COURT IV
Excise Appeal No.E/51734/2014 EX. [SM]
[Arising out of Order-in-Appeal No.03(CE)/RPR-II/2014 dated 07.01.2014 passed by the Commissioner (Appeals), Raipur]
For approval and signature:
HONBLE MR. S.K. MOHANTY, MEMBER (JUDICIAL)
1. Whether Press reporters may be allowed to see the
order for publication as per Rule 27 of the CESTAT
(Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the
CESTAT (Procedure) Rules, 1982 for publication in
any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy
of the Order?
4. Whether Order is to be circulated to the Departmental
authorities?
__________________________________________________
CCE & ST, Raipur Appellant
Vs.
Bhilai Steel Plant Respondent
Present for the Appellant : Shri M.S.Negi, DR Present for the Respondent: Shri Vipul Agrawal, Advocate Coram: HONBLE MR. S.K. MOHANTY, MEMBER (JUDICIAL) Date of Hearing/Decision: 24.06.2015 Final ORDER NO. 54120/2015 PER: S.K. MOHANTY Revenue has filed this appeal against the impugned order dated 07.01.2014 passed by the Commissioner (Appeals), Raipur. In the grounds of appeal, the prayer of Revenue is to remand the matter to the Original Authority for verification of use of the capital items in the machines installed in the factory premises of the respondent.
2. Heard the ld. counsel for both side and perused the records.
3. I find that the matter can be remanded for verification of usage of the disputed goods in the factory. Therefore, the impugned order is set aside and the matter is remanded to the original authority for verification with regard to the use of the disputed goods in the respective machines/machinery installed in the factory of the respondent. The appeal is allowed by way of remand.
(Dictated and pronounced in the open Court) (S.K. MOHANTY) MEMBER (JUDICIAL) Anita ??
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