25 - Appeals

Yes. In the case of J P Tobacco Products Pvt. Ltd. [2008 (8) TMI 29 - SUPREME COURT], it was held that it is pertinent to note that pursuant to the order of remand passed by the Tribunal on 21-12-1995, the Commissioner of Central Excise again confirmed the demand of duty and penalty. The said order, upon being challenged, has been set aside by the Tribunal vide its order dated 3rd April 2007. It is stated that the Revenue has not filed any appeal against the said order, meaning thereby, the same has attained finality.

In the case of Malabar Rural Industries [2006 (2) TMI 472 - CESTAT, BANGALORE], it was held that on a careful consideration and on perusal of the remand order of the Tribunal, it is clear that the Tribunal, in the remand Order No. 110/96, dated 15-12-1996 has clearly recorded that the appellants have not contested the merits of the case and the only challenge was with reference to error in the calculation of the duty. Hence, the matter was remanded only to examine the correct quantum of duty amount liable for the period in question on the basis of the findings in Para 19 of the earlier Commissioner’s order. Both the authorities have therefore gone by the remand direction. They cannot enlarge the remand directions given in the Tribunal’s order and re-consider the matter on merits. The appellants have foregone their case by not contesting the merits before the Tribunal. It is too late now to argue the case on merits.