Tribunals and CommissionsDivision Bench(2015) 10 CESTAT CK 0012

M/s. Oil And Natural Gas Corporation Ltd. vs C.C. Bombay

Customs, Excise And Service Tax Appellate Tribunal · Decided on 19 October 2015

HON’BLE JUDGES
Ashok Jindal, J · R. K. Singh, Technical Member
RESULT
Allowed
CASE NUMBER
Custom Miscellaneous Application Nos. 50734, 50735, 50736, 50737 Of 2015, Customs Appeal Nos. 1682, 1685, 3486 Of 1988, 1001 Of 1989

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Judgment

15 paragraphs · 282 words
1.

The applicants have filed this application for taking up their appeal in the light of the order of this Tribunal No. C/A/53524-53559/2014-CU(DB)

dated 01.09.2014 on the grounds that in those cases this Tribunal has already remanded the matter back to the lower authorities for consideration of

the merits of the lower authorities. As earlier, to file the appeal before this Tribunal, PSU is required to seek permission of committee of disputes to

file the appeal before this Tribunal. It is also submitted on behalf of the appellants that the meeting was held with the Customs Officers with the

officials of the appellant and the matter has been sorted out. But due to pendency of the appeals before this Tribunal, the said resolution could not be

implemented. Therefore, it is prayed that the appellant be heard on priority basis and the matter be remanded back to the Adjudicating authority for

de-novo consideration of the merits of the case,

2.

Heard the Ld. Consultant for the appellant.

3.

Considering the merits of the issue has already been resolved between the customs officers and the appellants. Therefore, in the interest of justice,

the miscellaneous applications are allowed and the appeals are taken up today itself for disposal.

4.

As contended by the Ld. Consultant of the appellant that merits of the issue has already been resolved between the litigants. Therefore, in the

interest of justice, the impugned orders are set aside and the appeals are allowed by way of remand in view of the final order of this Tribunal as cited

here in above.

5.

With these terms, the appeals are disposed of by way of remand.

(Dictated and pronounced in the open court)