Customs, Excise and Gold Tribunal - Bangalore
M/S. Transformers & Electricals Kerala ... vs The Commissioner Of Central Excise ... on 29 June, 2001
ORDER
Shri G.A. Brahma Deva
1. This is a stay application filed by the party under rule 41 of CEGAT Procedure Rule read with Section 35B of Central Excise Act for staying the proceedings pursuant to the impugned order.
2. After hearing for sometime with reference to the stay petition field by the party, we feel that the matter itself can be disposed of. Accordingly the matter was taken for regular hearing.
3. Sh. Joseph, Ld. Counsel, appearing for the appellant, submitted that the issue relates to Notional Interest on advances. He said that the party has field an appeal before the Tribunal against the order of remand. he submitted that the observations made by the Commissioner (Appeals) while remanding the matter are contrary to the decisions of the Tribunal as well as decision of the Supreme Court.
4. Heard Sh. Thomas, DR.
5. We have carefully considered the matter. On going through the submissions made by both sides with reference to the facts and on going through the impugned order, while upholding the order of remand, we make it clear that the adjudicating authority to decide the issue afresh without being influenced by the observations of the Commissioner (Appeals) and to decide the matter in accordance with law on providing an opportunity to the party. In a way it is open remand to the concerned adjudicating authority.
6. This appeal is disposal of in the above terms.
(Pronounced and dictated in open court.)