COMMNR. OF CENTRAL EXCISE Vs PAXWELL PRINTERS
Bench: ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM, ,
Case number: C.A. No.-000333-000334 / 2001
Diary number: 8473 / 2000
Advocates: P. PARMESWARAN Vs
M. P. DEVANATH
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 333-334 OF 2001
Commnr. of Central Excise, Bangalore …Appellant
Versus
M/s FAXWELL Printers, Bangalore …Respondents
J U D G M E N T
Dr. ARIJIT PASAYAT, J
1. Challenge in these appeals is to the judgment of Customs, Excise and
Gold (Control) Appellate Tribunal, South Zonal Bench at Madras (in short
‘CEGAT’). In these cases the CEGAT followed the order passed in the case
of Srikumar Agencies who was one of the respondents in Civil Appeal
Nos. 4872-4892 of 2000. By our separate judgment today in Civil Appeal
Nos. 4872-4892 of 2000, we have set aside the order of CEGAT and
remitted the matter to it to be dealt with afresh. The decision in the said
case shall apply to the facts of the present case.
2. The appeals will be heard afresh by the appropriate bench of CEGAT
which is presently known as Customs, Excise & Service Tax Appellate
Tribunal (in short ‘CESTAT’).
3. Since the matter is pending for long, we request the
CESTAT to dispose of the appeals as early as possible preferably by the end
of February, 2009.
4. The appeals are allowed.
……………………………J. (Dr. ARIJIT PASAYAT)
…………………………..J. (P. SATHASIVAM)
………………………….J. (AFTAB ALAM)
New Delhi, November 27, 2008