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of <h1>Tribunal remands case for reconsideration, stressing importance of submitting all evidence timely</h1> <h3>Mahendra Sponge & Power Ltd. Versus Commissioner of Central Excise, Raipur</h3> Mahendra Sponge & Power Ltd. Versus Commissioner of Central Excise, Raipur - [2010] 28 STT 398 (NEW DELHI - CESTAT) Issues: Denial of credit, recovery of amount, imposition of penaltyDenial of Credit:The original authority denied the credit of Rs. 3,19,302, leading to recovery of the same along with interest and imposition of an equal amount as a penalty. The Commissioner (Appeals) partly allowed the appeal, confirming a demand of Rs. 1,98,675 along with interest and upholding the penalty of an equal amount. The appellants argued that a substantial part of the demand was related to Service Tax paid on insurance premium for various services, such as plant, machinery, electrical insulation, building, power plant, and machinery breakdown, not just cars. However, this specific breakdown was not presented before the original authority or the Commissioner (Appeals), causing inconvenience. The breakdown of insurances was being presented before the Tribunal for the first time by the appellants' representative.Remand and Evidence Submission:Considering the facts and circumstances, the Tribunal set aside the Commissioner (Appeals) order related to the denial of credit and imposition of penalty. The matter was remanded to the original authority for reconsideration of the appellants' claim. The appellants were directed to produce the evidence supporting their claim within 45 days. The original authority was instructed to issue a decision within 2 months after the expiry of the time limit for the submission of the defense reply by the appellants and after providing a reasonable opportunity for a hearing.Conclusion:The appeal was allowed through remand, with the stay petition also being disposed of. The Tribunal's decision aimed to ensure a fair consideration of the appellants' claim regarding the denied credit, emphasizing the need for presenting all relevant evidence and arguments before the authorities for a just resolution.
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