Valuation dispute remanded for fresh consideration where a relevant Board circular had not been examined earlier.

Valuation dispute was remanded for fresh adjudication because a relevant Board circular had not been considered at the original stage, and the appellant was to be given an opportunity to rely on it. As the Revenue did not oppose remand, the adjudicating authority was directed to re-examine the issue afresh, consider the circular, and pass a new order after hearing the appellant. The operative effect was a rehearing on valuation rather than final determination on the existing record.

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Issues: Whether the matter should be remanded for fresh adjudication in light of the Board circular referred to by the appellant.

Analysis: The dispute concerned valuation, and the appellant sought an opportunity to place reliance on a Board circular that had not been considered by the adjudicating authority. The Revenue did not oppose remand. In these circumstances, the matter was considered fit for fresh examination by the adjudicating authority with an opportunity to the party to substantiate its claim.

Conclusion: The matter was remanded to the adjudicating authority to examine the issue afresh in line with the circular and to pass a fresh order after giving the appellant an opportunity.

Final Conclusion: The appeal was disposed of by sending the matter back for reconsideration on the valuation issue, with further adjudication to be made after hearing the party.

Ratio Decidendi: Where a relevant circular had not been considered at the adjudication stage and the party sought an opportunity to rely on it, remand for fresh consideration with a hearing to the party was warranted.

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