M/S.Vvd And Sons (Pvt) Ltd vs The Central Board Of Excise And Customs on 29 April, 2014
In the judgment passed by learned sister judge of this Court in
Kaleesuwari Refinery Pvt. Ltd case, the attention of the learned sister judge
was not drawn to the decisions rendered by the respective Tribunals regarding
classification already issued and the same led to the judgment against the
assessee. This court is of the view that as it has been consistently held
that as the power under section 37B cannot be used to interfere with the
exercise of quasi judicial power of adjudication and as the impugned circular
is contrary to well settled principles, the impugned circular is bad for want
of jurisdiction.