SC restores Matter to CESTAT for failure to consider appeal on merits

Commissioner of Customs, Pune Vs Ballarpur Industries Ltd. (Supreme Court of India) None of the above findings have been displaced in the order of the Tribunal. The Tribunal has not looked into the merits of the appeals at all on the facetious ground that the show cause notice did not contain any basis to doubt the classification of the goods and that while issuing the notice, the adjudicating authority had not examined the classification based on the report of the laboratory. The findings of the Tribunal are contrary to the record and cannot therefore be sustained. At the same time, since the...