GGN SPINNING MILLS (P) LTD Vs. CESTAT

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been directed against Final Order No. 60/2011 passed in Appeal No. E/739/2004 by the Customs, Excise and Service Tax Appellate Tribunal South Zonal Bench, Chennai, 2011 266 ELT 102 appellant has been engaging in production of cotton yarn and during the course of its business it has removed capital goods to its sister concern. Under the said circumstances on 16-7-2003, a show cause notice has been issued and thereby directed the appellant to pay central excise duty on the basis of the Circular dated 1-7-2002 (Circular No. 643/34/2002-CX : ,. The demand made in the show cause notice has been upheld in the order-in-original dated 28-11-2003. Against which Appeal No. 58/2004 has been preferred before the Commissioner of Appeals, wherein the demand made by the Department has been set aside. Against the order passed by the Commissioner of Appeals, an appeal has been filed in E/739/2004 before the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai. The Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai has remanded the matter to the original authority by way of directing to adopt a straight line depreciation method as prescribed in the Board's Circular issued in the year 1988. Against the order of remand passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench Chennai, the present Civil Miscellaneous Appeal has been preferred.

(2.) On the side of the appellant, the following substantial questions of law have been raised for consideration:

(3.) The learned counsel appearing for the appellant has contended that the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai has not at all considered the relevant rules coupled with the Circular dated 1-7-2002 and further before the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai relevant decisions have also not been quoted and under the said circumstances for giving quietus to the parties, the impugned order of remand passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai is liable to be set aside and necessary direction has to be given to the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai.