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2008 Supreme(SC) 1748

IN THE SUPREME COURT OF INDIA
P. SATHASIVAM, AFTAB ALAM, JJ.
Commnr., of Central Excise, Bangalore
Versus
M/s FAXWELL Printers, Bangalore
CIVIL APPEAL NOS. 333-334 OF 2001
Decided On: November 27, 2008

Headnote:Administration of Justice – Similar cases – This case is similar to Civil Appeal Nos. 4872-4892 of 2000 – Remitted to CEGAT now CESTAT in terms of decision in Civil Appeal Nos. 4872-4892 of 2000 – Appeal allowed. (Para 1, 2,3)

JUDGMENT

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.

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Judicial Analysis

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