(1.) THIS is an appeal against the Order -in -Original No. 23/2004, dated 6 -12 -2004 passed by the Commissioner of Central Excise, Belgaum.
(2.) THE appellants are manufacturers of cement. Revenue conducted certain investigations and proceeded against the appellants on the ground of suppression of production and clearance of cement without payment of duty. The original authority, in his order No. 1/2002, dated 20 -2 -2002 confirmed the demand of Rs. 41,72,700/ - and imposed a penalty of Rs. 10 lakh on the appellants. The appellants approached the Tribunal and the Tribunal in its Final Order No. E/228/03 dated 21 -2 -03 remanded the matter to the original authority with the following observations.
(3.) LEARNED Counsel, Shri B.V. Kumar appeared for the appellants and learned SDR Shri Ganesh Havanur for the Revenue. Learned Counsel adduced the following points.