Commissioner,Central Excise,Customs And Service Tax vs. M/S.Idcol Ferro Chrome And Alloys LTD.

OTAPL/6/2017HC OrissaGSTCNR ODHC01002910201715 December 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
AI SummaryDismissed

Held

The High Court found that the Tribunal's order remanding the matter for observance of natural justice did not raise a substantial question of law. Therefore, the appeal was not maintainable.

Facts

The Commissioner of Central Excise appealed an order by the Tribunal. The Tribunal had remanded the matter back to the Superintendent of Excise for a fresh order after observing principles of natural justice.

Key Issues

Whether an order of remand by the Tribunal, directing observance of natural justice, constitutes a substantial question of law warranting an appeal to the High Court.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK OTAPL No.6 of 2017 The Commissioner, Central Excise, Customs & Service Tax, Bhubaneswar- II …. Appellant Mr. P.K. Panda, Sr. Standing Counsel for CGST -versus- M/s. IDCOL Ferro Chrome & Alloys Ltd., …. Respondent Mr. C.R. Das, Advocate CORAM: THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER 15.12.2022

05.

I.A. No.10 of 2019

1.

This application for early hearing of the appeal is disposed of as infructuous.

OTAPL No. 6 of 2017

2.

A perusal of the impugned order reveals that all that the Tribunal has done is to remand the matter to the Superintendent of Excise for observing the principles of natural justice and passing a fresh order in accordance with law. The Court does not consider this to be giving rise to any substantial question of law which requires determination.

3.

Accordingly, the OTAPL is dismissed.

(Dr. S. Muralidhar) Chief Justice

The judgment continues below.

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Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.