Tribunal remands order for fresh adjudication due to valuation and time bar issues.

The Tribunal modified the impugned order, remanding the matter for a fresh adjudication order considering the Tribunal's observations. The assessment was deemed final, not provisional, as no provisional assessment order was passed. The issue of time bar required further examination by the adjudicating authority along with the valuation issue, leading to the appeal being allowed by remand to the original adjudicating authority.

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Issues:
1. Assessment deemed provisional due to timing of costing.
2. Applicability of time bar on the demand.

Analysis:
1. The appeal challenged an Order-in-Appeal remanding the matter to the adjudicating authority to determine the correct assessable value. The appellant contended that the demand was time-barred as the assessment was not provisional. The Commissioner (Appeals) found that the costing of the product was generally available only at the end of the year, deeming the assessment provisional. However, it was also noted that formalities regarding provisional assessment were not clear from the records. The appellant disputed this observation, arguing that the assessment was final as no provisional assessment order was passed, and reliance was placed on relevant case law.

2. The appellant argued that the demand for the period 1995-96, issued in 1997, was not time-barred as the assessment was not provisional. The Revenue reiterated the findings of the impugned order. The Tribunal observed that the issue of valuation had been remanded to the adjudicating authority, making it not the subject matter of the appeal. The Tribunal disagreed with the Commissioner (Appeals) on the assumption that the assessment was provisional due to yearly costing, emphasizing that no provisional assessment order was passed. The Tribunal held that the assessment was final, but the issue of time bar required further examination by the adjudicating authority along with the valuation issue. Consequently, the impugned order was modified, remanding the matter for a fresh adjudication order considering the Tribunal's observations, thereby allowing the appeal by remand to the original adjudicating authority.

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