Supreme Court - Daily Orders
Godfrey Phillips India Ltd. vs Commissioner Of Central Excise Mumbai ... on 22 November, 2018
Bench: A.M. Khanwilkar, Navin Sinha
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10921 OF 2018
GODFREY PHILLIPS INDIA LTD. Appellant(s)
VERSUS
COMMISSIONER OF CENTRAL EXCISE MUMBAI-IV Respondent(s)
O R D E R
Learned counsel for the petitioner submits that the issue has already been examined threadbare by this Court in Commissioner of C. Ex., Ghaziabad vs. International Tobacco Co. Ltd. reported in 2008 (231) E.L.T. 207 (S.C.) and for which reason remanding the matter for fresh consideration was improper. In our opinion, the question whether the issue is concluded by the aforementioned decision of this Court or not can well be examined in the remanded proceedings along with the question of the efficacy of the new Chemical Examiner’s report. All questions are left open to be urged by the parties in the remand proceedings.
As a result, we decline to interfere with the impugned order, while making it clear that the remand proceedings be disposed of expeditiously in accordance with law uninfluenced by any observation made in the impugned order.
The civil appeal is, accordingly, disposed of.
…...…................J. Signature Not Verified (A.M. KHANWILKAR) Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2018.11.27 15:48:01 IST Reason: .....…................J. (NAVIN SINHA) NEW DELHI, November 22, 2018 ITEM NO.15 COURT NO.9 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 10921/2018 GODFREY PHILLIPS INDIA LTD. Appellant(s) VERSUS COMMISSIONER OF CENTRAL EXCISE MUMBAI-IV Respondent(s) (FOR ADMISSION ) Date : 22-11-2018 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Ravinder Narain, Adv. Mr. Ajay Aggarwal, Adv.
Ms. Mallika Joshi, Adv.
Mr. Rajan Narain, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The civil appeal is disposed of in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(MANISH SETHI) (ANITA RANI AHUJA) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)