2011 (7) TMI 17 - SUPREME COURT

Exemption under notification no. 17/2001 Customs - Contract in the name of Joint Venture - Import of machine by one party to the joint venture - actual user condition - Held that: - we are of the opinion that since in the instant case the language of condition No.38 in the Exemption Notification is clear and unambiguous, there is no need to resort to the interpretative process in order to determine whether the said condition is to be imparted strict or liberal construction.

Status of JV - joint venture has been declared to be a legal entity in New Horizons (1994 -TMI - 83686 - Supreme Court of India)

Contradictory decision of tribunal - Held that: - we wish to place on record our deep concern on the conduct of the two Benches of the Tribunal deciding appeals in the cases of IVRCL Infrastructures & Projects Ltd. (2004 -TMI - 52678 - CESTAT, NEW DELHI). After noticing the decision of a co-ordinate Bench in the present case, they still thought it fit to proceed to take a view totally contrary to the view taken in the earlier judgment, thereby creating a judicial uncertainty with regard to the declaration of law involved on an identical issue in respect of the same Exemption Notification. - If a Bench of the Tribunal wishes to take a view different from the one taken by the earlier Bench, the propriety demands that it should place the matter before the President of the Tribunal so that the case is referred to a larger Bench, for which provision exists in the Act itself - Decided against the assessee.