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2014 (11) TMI 669 - HC - Central ExciseCenvat credit on Low Sulphur Heavy Stock – Use of fuel in generation of electricity further used - Relied upon judgment of Supreme Court [2009 (8) TMI 14 - SUPREME COURT] referred to Larger Bench - Held that:- In the case of State of Rajasthan v. M/s. R.S. Sharma and Co., reported in [1988 (8) TMI 412 - SUPREME COURT OF INDIA], a question arose, whether question pending decision of Larger Bench of Supreme Court meanwhile particular case to be decided on the basis of present position of law or not. In the case before the Hon’ble Supreme Court the question whether on the ground of absence of reasons Award under Arbitration Act was bad per se, was pending consideration by Constitution Bench of the Hon’ble Supreme Court and therefore, it was averred that courts should wait adjudication on the aforesaid point by the Constitution Bench. The Hon’ble Supreme Court did not accept the said contention and opined that pendency of the aforesaid question would not postpone all the decisions by the Court. The Hon’ble Supreme Court observed that one of the cardinal principles of administration of justice is to ensure quick disposal of the disputes in accordance with law, justice and equity. The Hon’ble Supreme Court further observed that the justice between the parties in a particular case should not be in a suspended animation. - No substantial question of law arises - Decided against assessee.
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