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Supreme Court - Daily Orders

Commr.Of Cen.Excise & Customs-Ii vs M/S Adani Exports Ltd. . on 7 October, 2015

Bench: A.K. Sikri, Rohinton Fali Nariman

                                                       1

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION


                                    CIVIL APPEAL    NO(S).3622-3626/2007


     COMMISSIONER OF CENTRAL EXCISE & CUSTOMS
     HYDERABAD-II                                                          APPELLANT(S)


                                                     VERSUS

     M/S ADANI EXPORTS LTD. & ORS.                                         RESPONDENT(S)



                                                   WITH
                                     CIVIL APPEAL NO(S). 601-604/2013



                                                   O R D E R

CIVIL APPEAL NO(S).3622-3626/2007 After hearing the learned counsel for the parties, we find that the issue involved in this case is squarely covered by the order dated October 01, 2015 of this Bench passed in Civil Appeal No. 2010 of 2007 titled as “Commissioner of Customs & Anr. vs. M/s.

Contessa Commercial Co. Ltd. & Ors”.

Following the aforesaid decision, these appeals are dismissed.

CIVIL APPEAL NO(S). 601-604/2013 Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2015.10.13 17:42:47 IST Reason: The impugned judgment has relied upon its earlier decision in the case of Advance Exports [2007(218) ELT 39 (Tri.-Ahmd.). Against 2 that decision, the Revenue had filed Civil Appeal Nos. 3140-3143 of 2008 which had already been dismissed by this Court on 29.09.2015.

We also find that at page 'N' of the synopsis the Revenue has mentioned that certain other appeals raising the same issues are pending consideration. Those appeals have also since been decided against the Revenue.

Following the decisions in the aforesaid appeals, these appeals are dismissed.

......................J. [A.K. SIKRI] ......................J. [ROHINTON FALI NARIMAN] NEW DELHI;

OCTOBER 07, 2015
                                     3

ITEM NO.113                   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 No(s). 3622-3626/2007 COMMR.OF CEN.EXCISE & CUSTOMS-II Appellant(s) VERSUS M/S ADANI EXPORTS LTD. & ORS. Respondent(s) (with appln. (s) for stay and permission to file addl. documents and office report) WITH C.A. No. 601-604/2013 Date : 07/10/2015 These appeals were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. K. Radhakrishnan, Sr. Adv.

Ms. Rashmi Malhotra, Adv.

Mr. Arijit Prasad, Adv.

Mr. B. Krishna Prasad,Adv.

For Respondent(s) Mr. C. George Thomas, Adv.

Mr. Ejaz Maqbool, Adv.

Mr. S.K. Bagaria, Sr. Adv.

Mr. Somnath Shukla, Adv.

Mr. Udit Jain, Adv.

Mr. Kumar Ajit Singh, Adv.

Mr. Ranjit B. Raut, Adv.

Ms. Bina Gupta, Adv.

Mr. Abhay A. Jena, Adv.

Mr. Praveen Kumar, Adv.

UPON hearing the counsel the Court made the following O R D E R The Civil Appeals are dismissed in terms of the signed order.

Interlocutory Application(s) pending, if any, stands disposed of accordingly.



          (Ashwani Thakur)                         (Renu Diwan)
           COURT MASTER                            COURT MASTER

(Signed order is placed on the file)