https://www.taxtmi.com/caselaws?id=262714 The show cause notice specifically raised commission as an independent issue, so the Tribunal was wrong to decline examination on the ground that it had not been pleaded. The proper course was for the adjudicating authority to consider that issue first on the merits, after allowing both sides to place their submissions and material. The Tribunal's order was therefore set aside only to the extent relating to the commission issue, and that issue was remitted for fresh decision by the adjudicating authority. en-us Tue, 04 Aug 2015 00:00:00 +0530 Mon, 14 Nov 2016 11:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=262714 The show cause notice specifically raised commission as an independent issue, so the Tribunal was wrong to decline examination on the ground that it had not been pleaded. The proper course was for the adjudicating authority to consider that issue first on the merits, after allowing both sides to place their submissions and material. The Tribunal's order was therefore set aside only to the extent relating to the commission issue, and that issue was remitted for fresh decision by the adjudicating authority. Case-Laws Central Excise Tue, 04 Aug 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=262714