2007 (2) TMI 467

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....for the Appellant. Shri S.M. Tata, DR, for the Respondent. [Order per : T.V. Sairam, Member (T)]. -  These stay applications filed along with appeals challenge the order of Commissioner of Central Excise made on 29-8-2006. This matter had come up twice before this Tribunal, when the Tribunal had ordered de novo adjudication and remanded the matter to the Commissioner. When the matter....

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.... [According to Clause (xv) thereof "Central Excise & Customs should not to ask for any payment from the recovery and individuals against Order No. v[36.02]15/off/38/98/2/1999 dated 5-3-1999, nor any interest, penalty, other charges etc. levied on these dues]". 2. It was argued that the department has been part and parcel of the process of issue of the said sanctioned scheme of the BIFR and....

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.... this Tribunal has denied cross-examination simply on the plea that there was no specific direction from this Tribunal.  In our opinion, any adjudicating authority to whom the case is remanded for a fresh decision should be competent enough to know of his responsibilities and should follow the procedure required under the law for which no basic Do's and Dont's have to be laid down by the high....