ORDER

1. It is not in dispute that the judgment of this Court in Thermax (P) Ltd. V. Collector of Customs ((1992) 4 SCC 440 : (1992) 61 ELR 352) applies to the facts of this case. This Court considered the terms of a letter of the Central Board of Excise and Customs and agreed "with the observation of the Board that the benefit of exemption or concession should be granted wherever the intended use of the material can be established by the importer or by other evidence".

2. Had the judgment concluded here the learned counsel would have had no difficulty in stating that the appeal had to be dismissed because there was evidence on record that showed the intended use of the material by the respondents so that the respondents were entitled to the benefit of the exemption. The learned counsel for the Revenue, however, drew our attention to the following paragraph of the judgment, which reads thus : (SCC p. 454, para 13)

"This conclusion however does not entitle the assessee to the concession claimed in both these appeals. Its entitlement will depend on whether the purchaser is the holder of an L-6 licence (or C. T. 2 certificate) or not. The Tribunal has pointed out that the goods were s