Supreme Court - Daily Orders
Commr.Of Cen.Exc.Bangalore vs M/S Solectron Centum Electronics Ltd. on 25 February, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2844 OF 2014
[ @ SPECIAL LEAVE PETITION (C) No(s).32613 OF 2011 ]
COMMR.OF CEN.EXC.BANGALORE Appellant (s)
VERSUS
M/S SOLECTRON CENTUM ELECTRONICS
LTD. Respondent(s)
O R D E R
Leave granted.
Heard the learned senior counsel appearing for the appellant and learned counsel appearing for the respondent at some length.
Upon perusal of the impugned Judgment delivered by the High Court, we see that the High Court has not recorded any reason, but it has substantially relied upon the order passed by the Customs Excise and Service Tax Tribunal, which had been challenged before it. The Tribunal had decided the case by relying upon the order passed in "Manaksia Ltd. Vs. Commissioner of Central Excise, Kolkata-IV [2007(216) E.L.T. 231 (Tri-Kolkata)]" on 09.05.2007.
In fact, the said order had been overruled by a larger Bench of the Tribunal in "Lakshmi Automatic Loom Works Ltd. Vs. Commissioner of Central Excise, Trichy [2008(232)E.L.T.428 (Tri-LB)" on 10.10.2008.
Unfortunately, the above aspect of the matter had not been brought to the notice of the High Court when the High Court had passed the impugned order.
In the above circumstances, we quash and set aside the order passed by the High Court and remand the matter to the High Court with a request to the High Court to decide the matter afresh, preferably within four months from the date of receipt of this order by hearing the concerned advocates afresh, without giving any undue adjournments to either of the parties.
We are sure that the learned counsel appearing in High Court shall extend their co-operation for speedy disposal of the matter.
With the above observations and directions, the Civil Appeal is disposed of as allowed with no order as to costs.
.......................J. [ANIL R. DAVE ] .......................J. [ SHIVA KIRTI SINGH ] New Delhi;
February 25, 2014.
ITEM NO.1 COURT NO.12 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).32613/2011 (From the judgement and order dated 08/03/2011 in CEA No.49/2009 of The HIGH COURT OF KARNATAKA AT BANGALORE) COMMR.OF CEN.EXC.BANGALORE Petitioner(s) VERSUS M/S SOLECTRON CENTUM ELECTRONICS LTD. Respondent(s) (With office report) (FOR FINAL DISPOSAL) Date: 25/02/2014 This Petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE ANIL R. DAVE HON’BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. K. Radhakrishnan, Sr. Adv.
Mr. V. K. Biju, Adv.
Ms. Binu Tamta, Adv.
for Mr. B. Krishna Prasad, Adv.
(Not Present) For Respondent(s) Mr. C. N. Sreekumar, Adv.
Mr. S. Sukumaran, Adv.
Ms. Resmita R. Chauhan, Adv.
Ms. Meera Mathur, Adv.(N.P.) UPON hearing counsel the Court made the following O R D E R Leave granted.
The Civil Appeal is disposed of as allowed in terms of the signed order.
|(Jayant Kumar Arora) | |(Sneh Bala Mehra) | |Sr. P.A. | |Assistant Registrar | (Signed order is placed on the file)