2019 (9) TMI 846

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....rdhan Bardhar For the Petitioner(s) : Mr. Tanveer Ahmed. ORDER This writ petition has been filed by the petitioner challenging order dated 28.01.2019 (released on 05.03.2019) passed by the Customs, Excise & Service Tax Appellate Tribunal, Principal Bench, New Delhi (for short 'the Tribunal'). We have heard learned counsel for the petitioner at some length and gone through the impugned ....

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....ase. It is submitted that the Commissioner of Customs (Preventive), Jodhpur did not have the jurisdiction to issue notice and this question was not at all gone into by this Court in vide judgment dated 27.01.2015 rendered in Writ Petition No. 2668/2007. It is argued that authorised representative of the department had agreed for remand of the matter on the aspect of the coverage of the dispute by ....

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....ot brought to its notice. The Tribunal therefore held that these were material facts which were required to be brought to its notice at the time of hearing of the appeals and without bringing these facts to its notice, attempt was made to persuade the Tribunal to remand the matter to the Adjudicating Authority as in some cases, matters were remanded in view of the judgment of Delhi High Court in M....

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....f Central Excise, Belapur, Mumbai Vs. RDC Concrete (India) P. Ltd., 2011 (270) ELT 625 (SC). Having given our anxious consideration to submissions advanced by learned counsel for the petitioner and upon perusal of the impugned order passed by the Tribunal, we do not find any good reason to interfere with the impugned order, as in any case the appeals are to be reheard now on merits. It would be....