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1 - 6 of 6 (0.17 seconds)Assistant Collector Ofcentral Excise & ... vs Madras Rubber Factory Ltd on 20 December, 1986
In
support of this contention, Mr. Divan relied on the
judgments of this Court in Assistant Collector of Central
Excise & Ors. vs. Madras Rubber Factory Ltd. (1986 Supp.
Jasraj Inder Singh vs Hemraj Multanchand on 14 February, 1977
This Court in the case of Jasraj
Inder Singh vs. Hemraj Multanchand {(1977) 2 SCC 155} has
held :- In an appeal against the High Courts finding the
Supreme Court is not bound by what the High Court might have
held in its remand order. It is true that a subordinate
court is bound by the direction of the High Court. It is
equally true that the same High Court, hearing the matter on
a second occasion or any other court of coordinate authority
hearing the matter cannot discard the earlier holding, but a
finding in a remand order cannot bind a higher Court when it
hears the matter in appeal. (emphasis supplied).
Govt. Of India And Ors. Etc vs Madras Rubber Factory Ltd. Etc on 3 May, 1995
SCC 751), Government of India & Ors. vs. Madras Rubber
Factory Ltd. & Ors. (1995 (4) SCC 349), Guljag Chemicals &
Plastics Pvt.Ltd.
Authorised Officer (Land Reforms) vs M.M. Krishnamurthy Chetty[Overruled] on 5 November, 1996
vs Collector of Central Excise (1993
(63)ELT 710) and Authorised Officer (Land Reforms) vs. M.M.
Krishnamurthy Chetty (1998 (9) SCC 138), wherein this Court
according to Shri Divan has allowed deductions which are
referable to expenditure occurring after the removal from
the factory. He laid special emphasis on deduction allowed
on account of insurance. He said that the deductions now
sought by the respondent are similar to the insurance
deductions and as a matter of fact in the instant case in
effect the company is acting as an insurer of its own goods.
We will now consider the correctness of the Tribunals
finding based on its earlier two decisions in the cases of
Assam Valley Plywood Pvt.Ltd.
Collector Of Central Excise And ... vs Microwave Products (P) Ltd. And ... on 19 June, 1998
While in the case of
Tungbhadra Industries case (supra), the Tribunal held in
para 19 of its order thus: Admittedly, the appellants are
giving discount for damages to the goods caused during
transit. Shri Beri relied on the order on this Tribunal in
Assam Valley (P) Ltd.case reported in 1989 (43) ELT 360
(Tri.). According to the said order, varying discount
reduction depending upon the nature and extent of damage in
each case is admissible. It is also a case of damage caused
to the goods during transit. Following the above order, we
direct the A.C. to verify the nature and quantum of
discount for damage caused to the goods in the transit and
allow the same.
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