Stock shortage assessment dispute: remand upheld where no conclusive finding had been recorded in provisional proceedings.

Where survey proceedings disclosed an alleged shortage of chemical stock, the provisional assessment did not contain a reasoned finding resolving that issue before stating that no adverse inference would be drawn. The appellate observation that stock was available in the factory was unsupported by any recorded discussion or material finding. Because no conclusive determination had been made on the shortage question in the provisional proceedings, the Tribunal was justified in remanding the matter for fresh redetermination, and the remand could not be treated as illegal.

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Issues: Whether the Tribunal was justified in remanding the matter on the issue arising from the survey and provisional assessment, and whether any final finding in favour of the revisionist had already attained finality so as to bar remand.

Analysis: The survey revealed an alleged shortage of chemical stock, and the provisional assessment order did not record a reasoned finding on that issue before stating that no adverse inference would be drawn. The first appellate authority's observation that the stock was available in the factory was found to be unsupported by any material discussion or finding in the record. In the absence of any conclusive determination on the shortage issue in the provisional proceedings, the Tribunal's decision to remit the matter for redetermination could not be termed illegal.

Conclusion: The remand was upheld and the revisionist's challenge failed.

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