ORDER
G.A. Brahma Deva, Member (J)
1. This slay application is filed by the applicants for the waiver of pre-deposit of duty amounting to Rs. 21,840/- and penalty of Rs. 1000/- and stay of the recovery proceedings.
2. After hearing for some time with reference to the stay petition filed by the party, we felt that the matter itself can be disposed of on the limited issue. Accordingly, appeal was taken up for regular hearing with the consent of both sides.
3. Shri P. Elango, Manager, appearing on behalf of the party submitted that matter relates to valuation. He said that Board has issued a circular which has not been considered by the adjudicating authority. However, he fairly conceded that circular has been issued by the Board after the hearing was over by the adjudicating authority and the same was not brought to his notice. In view of this position, he requested that one more opportunity may be given to the party to substantiate his claim and refer to the circular before the authorities below.
4. Heard Shri Munir Ahmed, learned DR, for the Revenue. He has no objection to remand the matter.
5. On a careful consideration of the facts and circumstances, the matter is remanded to the concerned adjudicating authority to examine the issue afresh in line with the circular referred to above and to pass an order accordingly on providing an opportunity to the party. Thus, this appeal is disposed of in the above terms.