Supreme Court - Daily Orders
Rajasthan Prime Steel Processing ... vs Commissioner Central Excise And Cgs on 14 February, 2022
Bench: M.R. Shah, B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 467 OF 2022
RAJASTHAN PRIME STEEL PROCESSING
CENTER PVT. LTD. ...APPELLANT
VERSUS
COMMISSIONER CENTRAL EXCISE AND CGST ….RESPONDENT
O R D E R
We are in complete agreement with the view taken by the Tribunal so far as the main issue is concerned, whether the amount of compensation received by the appellant can be included for the purpose of valuation.
Shri V. Sridharan, learned senior counsel appearing on behalf of the appellant has submitted that one another issue with respect to extended period of limitation and the consequential penalty was raised before the Tribunal which has not been dealt with by the Tribunal. For the aforesaid issue, namely, whether the extended period of limitation could have been invoked or not and the consequential penalty, in the peculiar facts and circumstances of the case, we relegate the appellant to file a review application before the Tribunal and if such a review application is filed within a period of four weeks from today, the same be entertained and the learned Tribunal to take appropriate decision on the same in accordance with law and on its own merits.
With this, the Civil Appeal stands dismissed/disposed of.
………………………………………J.
[M.R. SHAH]
Signature Not Verified
Digitally signed by R
Natarajan
Date: 2022.02.16
……………………………………J.
17:03:10 IST
Reason: [B.V. NAGARATHNA]
NEW DELHI
FEBRUARY 14, 2022
ITEM NO.12 Court 12 (Video Conferencing) SECTION XVII-A
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. 467/2022
RAJASTHAN PRIME STEEL PROCESSING CENTER PVT. LTD. Appellant(s)
VERSUS
COMMISSIONER CENTRAL EXCISE AND CGST Respondent(s)
(FOR ADMISSION and IA No.11696/2022-EX-PARTE STAY and IA No.12463/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 14-02-2022 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Appellant(s) Mr. V. Sridharan, Sr. Adv.
Ms. Charanya Lakshmikumaran, AOR For Respondent(s) Mr. Balbir Singh, ASG Mr. Arijit Prasad, Sr. Adv. Ms. Gargi Khanna, Adv.
Mr. O.P.Shukla, Adv Mr. A.K.Kaul, Adv.
Mr. Prashant Singh (B), Adv. Mr. Shyam Gopal, Adv.
Mr. Santosh Kumar, Adv.
Mr. Raj Bahadur Yadav, Adv. Mr. Vikrant Mehta, Adv.
Ms. Apeksha Mehta, Adv.
UPON hearing the counsel the Court made the following O R D E R The Civil Appeal stands dismissed/disposed of in terms of the signed order.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER (signed order is placed on the file)