Supreme Court - Daily Orders
Commissioner Of Central Excise, Noida vs M/S. Midi Extrusions Ltd. on 23 March, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
ITEM NO.104 COURT NO.13 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). 8812/2003
COMMISSIONER OF CENTRAL EXCISE, NOIDA Appellant(s)
VERSUS
M/S. MIDI EXTRUSIONS LTD. Respondent(s)
(with appln. (s) for early hearing and ex-parte stay and office
report)
Date : 23/03/2015 This appeal was 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. Binu Tamta,Adv.
Ms. Shirin Khajuria,Adv.
Ms. Nisha Bagchi,Adv.
Mr. B. Krishna Prasad,Adv.
For Respondent(s) Mr. Vivek Kohli,Adv.
Mr. Ashwani Sharma,Adv.
Mr. Subramonium Prasad,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is dismissed in terms of the signed order.
(SUMAN WADHWA) (SUMAN JAIN)
AR-cum-PS COURT MASTER
(SIGNED ORDER IS PLACED ON THE FILE) Signature Not Verified Digitally signed by Suman Wadhwa Date: 2015.03.24 11:31:05 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8812 OF 2003 Commnr. Of Central Excise, Noida Appellant(s) VERSUS M/s. Midi Extrustions Ltd. Respondent(s) O R D E R After going through the order of the CEGAT minutely and hearing the counsel for both the parties, we are of the opinion that in view of the finding of fact is arrived at by the Tribunal holding that the Revenue had not been able to substantiate the allegation that respondents were taking certain advances from M/s. White Metals it had an effect of depressing the price at which the goods were not delivered to M/s. White Metals. This is a pure finding of fact and does not call for any interference.
The appeal is accordingly dismissed.
…............................J. (A.K. SIKRI) …............................J. (ROHINTON FALI NARIMAN) New Delhi;
Date: 23.3.2015.