2011 (9) TMI 869

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....ri R.K. Singla, JCDR, for the Respondent. ORDER This application of the appellant, registered wrongly as ROA application, seeks certain modification of Final Order No. 1298/2010, dated 20-10-2010 [2011 (265) E.L.T. 121 (Tribunal)] passed by this bench in Appeal No. E/819/2008. The applicant in this application points out that the final order did not advert to one of the prayers contained in ....

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....011 in Excise Appeal No. 818/2008. We have heard learned JCDR also. 2. After a perusal of the records and considering the submissions of both sides, we note that the purport of the impugned order (order-in-appeal) passed by the learned Commissioner (Appeals) was rightly understood by this bench while remanding the matter to the adjudicating authority to reconsider the issue debated before it. T....

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....ngs of the learned Commissioner (Appeals) and only wanted the original authority to requantify the duty demand. 3. Nevertheless, the fact remains that the appellant had made a specific prayer to this Tribunal for setting aside the penalty imposed by the original authority under Section 11AC of the Central Excise Act. Obviously, the applicant entertained a doubt as to penalty despite the above f....