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Cce & St, Raipur vs Bhilai Steel Plant

Customs Excise and Service Tax Appellate Tribunal24 June 2015

Ratio decidendi

The rule this decision rests on

The impugned order of the Commissioner (Appeals) is set aside and the matter is remanded to the original authority, because verification of whether the disputed goods were used in the respective machines or machinery installed in the respondent's factory is required before the question can be decided.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,WEST BLOCK NO.2, R.K. PURAM, NEW DELHI-110066BENCH-SMCOURT IVExcise 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)

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