Commissioner Of Central Excise,Bolpur vs M/S.Ratan Melting & Wire Industries on 14 October, 2008
(l) Learned senior counsel for the Appellants also relied upon the
judgments of the Apex Court on the legal validity of the
circulars issued by the Central Board of Excise and Customs,
to emphasize the point that informal guidance issued by a
regulator is legally binding; (a) Collector of Central Excise,
Vadodra vs. Dhiren Chemical Industries reported in (2002) 2
Supreme Court Cases 127; (b) Commissioner of Central
Excise, Bolpur vs. Ratan Melting & Wire Industries, Calcutta
reported in (2005) 3 Supreme Court Cases 57; (c) Kalyani
Packaging Industry vs. Union of India and Another reported in
(2004) 6 Supreme Court Cases 719 and (d) Commissioner of
Central Excise, Bolpur vs. Ratan Melting & Wire Industries
(Civil Appeal No. 4022 of 1999 dated October 14, 2008).
Emphasizing the Constitution Bench Judgment at (d) above, it
was argued that the circulars and instructions issued by the Board are
binding in law on the authorities under the respective statutes.