Supreme Court - Daily Orders
Signode India Limited vs Commr.Of Cen.Excise & Customs-Ii on 16 October, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6038-6039 OF 2007
M/S ITW INDIA LIMITED ... Appellant
VERSUS
COMMISSIONER OF CENTRAL EXCISE & CUSTOMS-II ... Respondent
WITH
CIVIL APPEAL NOS. 5595-5596 OF 2011
CIVIL APPEAL NOS. 7384-7385 OF 2011
CIVIL APPEAL NOS. 7386-7387 OF 2011
CIVIL APPEAL NOS. 1470-1474 OF 2012
CIVIL APPEAL NO. 1687 OF 2015
CIVIL APPEAL NO. 1697 OF 2015
O R D E R
Out of these appeals, some of the appeals are filed by the assessees and others by the Department as two Benches of the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT') have taken a contrary view.
Having regard to the aforesaid situation, counsel for both the parties agree that the matters be remanded back to the CESTAT so that it is decided by a larger bench to resolve the conflict.
We, accordingly, set aside both the orders and remit Signature Not Verified the cases back to the CESTAT with a request to the Digitally signed by ASHWANI KUMAR Date: 2015.10.28 17:24:07 IST Reason: President, CESTAT, to constitute a larger Bench for deciding C.A. Nos. 6038-6039/2007 etc. 1 the issue involved. Since the matters have now become old, we would appreciate if the larger Bench decides the matters within one year. Needless of mention, the larger Bench of the CESTAT shall decide all the issues involved.
The appeals stand disposed of.
......................, J.
[ A.K. SIKRI ] ......................, J.
[ ROHINTON FALI NARIMAN ] New Delhi;
October 16, 2015.
C.A. Nos. 6038-6039/2007 etc. 2
ITEM NO.110 COURT NO.14 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal Nos. 6038-6039/2007 M/S ITW INDIA LIMITED Appellant(s) VERSUS COMMR.OF CEN.EXCISE & CUSTOMS-II Respondent(s) (With appln. (s) for stay) WITH C.A. No. 5595-5596/2011 C.A. No. 7384-7385/2011 C.A. No. 7386-7387/2011 C.A. No. 1470-1474/2012 C.A. No. 1687/2015 (With appln.(s) for condonation of delay in filing appeal, for exemption from filing legible copies of dim annexures, for ad-interim ex-parte stay, for permission to file additional documents and Office Report) C.A. No. 1697/2015 (With appln.(s) for ad-interim ex-parte stay, for permission to file additional documents and for condonation of delay in filing appeal) Date : 16/10/2015 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Parties Mr. V. Sridharan, Sr. Adv. Mr. M. P. Devanath, Adv. Mr. S. Vasudevan, Adv. Mr. Hemant Bajaj, Adv. Ms. Shagun Arora, Adv. Mr. Anandh K., Adv.
Mr. Aditya Bhattacharya, Adv.
Mr. Kartik Kurmy, Adv. Mr. S. B. Sharma, Adv.
Mr. Praveen Kumar, Adv.
Mr. Arvind Kumar Sharma, Adv.C.A. Nos. 6038-6039/2007 etc. 3
Mr. K. Radhakrishnan, Sr. Adv.
Ms. Nisha Bagchi, Adv. Ms. B. Sunita Rao, Adv. Mr. Balaji Srinivasan, Adv. Ms. Sujeeta Srivastava, Adv. Ms. Neelam Chand, Adv. Mr. Anurag, Adv.
Mr. B. Krishna Prasad, Adv.
Mr. B. V. Balaram Das, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals stand disposed of in terms of the signed order.
In view thereof, applications pending, if any, are disposed of.
(Nidhi Ahuja) (Renu Diwan)
COURT MASTER COURT MASTER
[Signed order is placed on the file.] C.A. Nos. 6038-6039/2007 etc. 4