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2018 (11) TMI 357
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.... P.C: This Appeal under Section 35G of the Central Excise Act, 1944 challenges the order dated 4th April, 2017 passed by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal. 2. This Appeal was admitted on 23rd July, 2008 on the following substantial questions of law: "(a) Whether the CESTAT/Tribunal was correct in holding that "an officer who is full additional in charge ....
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....ty on a ground which was never raised by the Department in the SCN nor before the adjudicating authority nor before Commissioner (A) but was raised for the first time before the Tribunal and further when the said ground is factually incorrect?" 3 Re Question (a):(i) Mr. Bangur, learned Counsel appearing for the Respondent at the very out set submits that this question stands concluded by the....