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2018 (8) TMI 1276 - HC - Central ExciseAllowing credit of duty paid on Capital Goods to be adjusted against duty liability - Rule 57A to Rule 57J. - as per the notification, unutilized credit as on 1.8.1197 shall lapse - by applying the Directions of the Apex Court in the case of Eicher Motors Ltd., original authority extended the benefit. - SC has extended the benefit on the ground that once benefit accrues to the assessee, the same cannot be dined by issuing a notification. By applying the principle of resjudicata, wrongly, authorities and tribunal denied the benefit to the appellant. Validity of observations made by Commissioner Appeal in Appeal Memo - effectiveness of law declared by Supreme Court - lapse of credit lying unutilized. Held that:- It is well settled principle of law that the law declared by the Supreme Court is binding on all and when the Division Bench of this court has held that the judgment is applicable against which no SLP was preferred, any lower authority in rank observing that the High Court was not sure about the similarity of the issue in both the cases otherwise the Bench could have decided the case, in our considered opinion, these observations by Commissioner Appeal in Appeal Memo is not only objectionable but it is not permissible under law. Even the tribunal while setting aside the order of the First two Authorities has not given any reasons and simply accepted the appeal memo and has allowed the appeal without reversing the finding arrived at by both the authorities and observed that the Supreme Court judgment is not binding. The notification dated 1st August, 1997 will lapse on 1st August, 1997 and could not be applied subsequently. The first two authorities rightly observed and allowed the proceedings in favour of petitioner/assessee and tribunal as well as two Commissioners of Excise department exceeded the jurisdiction and committed an error in making observations against the High Court and the Supreme Court decisions. The order of the tribunal is quashed and set aside and that of the original authorities is restored - Petition allowed.
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