Service Tax Updates
Vasudev Mehta
Issue
Whether Commissioner (Appeals) has the power to remand back the matter to Adjudicating Authority for
further verification?
Held : Yes
Brief Facts of the Case
The Revenue’s appeal is against the order- in-appeal dated 13.02.2013 whereby the matter was remanded to
the Adjudicating Authority by learned Commissioner (Appeals). The grievance of the Revenue is that the
Commissioner (Appeals) had no power to remand the matter whereas he is supposed to pass the final order
therefore, the order is not legal and proper.
Conclusion
The Honorable CESTAT held that the said issue has come up time and again before this tribunal and the tribunal
has taken a consistent view in view of the Hon’ble Supreme Court judgment in the case of MIL India Limited
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