COMMNR. OF CENTRAL EXCISE vs. PAXWELL PRINTERS

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C.A. No.-000333-000334 - 2001Supreme Court05 January 20012 pages
For Petitioner: P. PARMESWARANFor Respondent: M. P. DEVANATH
AI SummaryRemanded

What did the Supreme Court hold?

The Supreme Court set aside the CEGAT's order and remitted the matter back to the tribunal for fresh adjudication. The decision in a related case would apply to these appeals.

What were the facts?

The appeals challenged a judgment of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT). The CEGAT had followed a previous order which was later set aside by the Supreme Court.

What were the issues?

Whether the CEGAT's order, based on a previous judgment that was subsequently overturned, was valid. The need for a fresh hearing by the appellate tribunal.

AI-generated summary — verify with the full judgment below

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 333-334 OF 2001 Commnr. of Central Excise, Bangalore …Appellant Versus M/s FAXWELL Printers, Bangalore …Respondents J U D G M E N T Dr. ARIJIT PASAYAT, J 1. Challenge in these appeals is to the judgment of Customs, Excise and Gold (Control) Appellate Tribunal, South Zonal Bench at Madras (in short ‘CEGAT’). In these cases the CEGAT followed the order passed in the case of Srikumar Agencies who was one of the respondents in Civil Appeal Nos. 4872-4892 of 2000. By our separate judgment today in Civil Appeal Nos. 4872-4892 of 2000, we have set aside the order of CEGAT and

remitted the matter to it to be dealt with afresh. The decision in the said case shall apply to the facts of the present case. 2. The appeals will be heard afresh by the appropriate bench of CEGAT which is presently known as Customs, Excise & Service Tax Appellate Tribunal (in short ‘CESTAT’). 3. Since the matter is pending for long, we request the CESTAT to dispose of the appeals as early as possible preferably by the end of February, 2009. 4. The appeals are allowed. ……………………………J. (Dr. ARIJIT PASAYAT) …………………………..J. (P. SATHASIVAM) ………………………….J. (AFTAB ALAM) New Delhi, November 27, 2008

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