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Commnr. Of Central Excise, Bangalore vs M/S. Statweigh India P. Ltd. . on 13 March, 2015

Bench: A.K. Sikri, Rohinton Fali Nariman

                                        IN THE SUPREME COURT OF INDIA

                                           CIVIL APPELLATE JURISDICTION

                                    CIVIL APPEAL NOS. 8428-8434 OF 2003

                      COMMNR. OF CENTRAL EXCISE, BANGALORE                          ...Appellant

                                                         VERSUS

                      M/S. STATWEIGH INDIA P. LTD. & ORS.                           ...Respondents


                                                       O R D E R

The respondent is a small scale industry and has claimed the exemption from payment of excise duty in terms of notification Nos. 1/1993, 8/1998 and 8/1999. Though, it was denied by the appellant-Revenue, the respondent has succeeded before the Judicial Fora below.

Against the impugned orders dated 22.04.2003 passed by the Customs, Excise and Gold (Control) Appellate Tribunal in favour of the respondent, the present appeal is preferred.

We notice that in the list of dates that the appellant has mentioned a similar issue pending in Civil Appeal No. 5579 of 1999 in case of CCE, New Delhi v. M/s AGI Switches (P) Limited. Mr. K. S. Radhakrishnan, learned senior counsel appearing for the respondent, placed before us the copy of the orders dated 15.02.2005 by which the aforesaid order of the Tribunal has been upheld and the appeal of the Department is dismissed.

As a result, these appeals also fail and are hereby dismissed.

........................, J.

[ A.K. SIKRI ] Signature Not Verified ........................, J.

Reason: [ ROHINTON FALI NARIMAN ] New Delhi;

March 13, 2015.

ITEM NO.106                    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).    8428-8434/2003

COMMNR. OF CENTRAL EXCISE, BANGALORE                         Appellant(s)
                                VERSUS
M/S. STATWEIGH INDIA P. LTD. & ORS.                          Respondent(s)

(with appln. (s) for permission to file additional documents and office report) Date : 13/03/2015 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. Jaideep Gupta, Sr. Adv. Ms. Binu Tamta, Adv.

Mr. B. Krishna Prasad, Adv.

For Respondent(s) Mr. K. Radhakrishnan, Sr. Adv. Mr. Abhinav Agrawal, Adv. Mr. Mahesh Agarwal, Adv. Mr. E. C. Agrawala, Adv.

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

     (Nidhi Ahuja)                                     (Suman Jain)
     COURT MASTER                                      COURT MASTER

[Signed order is placed on the file.]