https://www.taxtmi.com/caselaws?id=47766 The Tribunal's jurisdiction under Section 35(C)(1) of the Central Excise Act, 1944 extended to the issue arising from the Commissioner's order itself. The Commissioner had partly accepted the assessee's abatement claim and ordered duty recovery and penalty only on the balance amount. Because the appeal before the Tribunal challenged that very order, the Tribunal was entitled to quash the duty demand and penalty while deciding the appeal. The Revenue's objection that the Tribunal had gone beyond the subject matter of appeal was rejected. en-us Mon, 07 Aug 2006 00:00:00 +0530 Fri, 30 Jul 2010 17:01:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47766 The Tribunal's jurisdiction under Section 35(C)(1) of the Central Excise Act, 1944 extended to the issue arising from the Commissioner's order itself. The Commissioner had partly accepted the assessee's abatement claim and ordered duty recovery and penalty only on the balance amount. Because the appeal before the Tribunal challenged that very order, the Tribunal was entitled to quash the duty demand and penalty while deciding the appeal. The Revenue's objection that the Tribunal had gone beyond the subject matter of appeal was rejected. Case-Laws Central Excise Mon, 07 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47766