2004 (1) TMI 448 - AT - Central Excise

CESTAT Bangalore Remands Excisability Appeals for Reevaluation

SUNRISE INDUSTRIES Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE

The Appellate Tribunal CESTAT, Bangalore, remanded two appeals concerning the excisability of power looms parts to the adjudicating authority for ... Appeal - Additional ground Issues:Appeal involving common issue - Eligibility of SSI exemption under Notification No. 175/86.Analysis:The judgment by the Appellate Tribunal CESTAT, Bangalore, involved two appeals concerning a common issue, which were being heard together and disposed of by a common order. The appellants had raised the issue of whether parts of power looms cleared by them were excisable or not. The matter had been previously remanded by the Tribunal to the adjudicating authority to decide this issue. The re-adjudicating authority had followed the decision in the case of M/s. Shivaji v. Collector of Central Excise, Aurangabad but had not considered the eligibility of SSI exemption under Notification No. 175/86. The Revenue submitted that the plea regarding SSI exemption eligibility was not raised before the adjudicating authority or directed by the Tribunal for consideration. After considering the submissions, the Tribunal concluded that the eligibility of SSI exemption was a legal point that could be raised at any stage during the proceedings. Since this issue had not been addressed, the Tribunal decided to remand the matter to the adjudicating authority for reevaluation of the eligibility of SSI exemption under Notification No. 175/86 and to provide an opportunity to the party. Consequently, both appeals were allowed by way of remand for further consideration.This judgment highlights the importance of addressing all relevant legal issues, including the eligibility of exemptions, during the adjudication process. It emphasizes that legal points such as the eligibility of SSI exemption can be raised at any stage of the proceedings and must be duly considered by the adjudicating authority. The decision to remand the matter for reevaluation demonstrates the Tribunal's commitment to ensuring a thorough examination of all legal aspects before reaching a final decision. By allowing the appeals by way of remand, the Tribunal ensures that the parties involved have the opportunity to present their case regarding the eligibility of the SSI exemption under Notification No. 175/86, thus upholding the principles of procedural fairness and legal scrutiny in the adjudicative process.