TMI Blog2013 (1) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... 2003-C.E., dated 10-6-2003. In favour of assessee - E/2433/2011-SM(BR) - 984/2012-SM(BR)(PB) - Dated:- 18-7-2012 - Ms. Archana Wadhwa, J. REPRESENTED BY : Shri Bharat Bhushan, AR, for the Appellant. Shri Rajesh Gupta, CA, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the present appeal. I have heard Shri Bharat Bhushan, ld. AR appearing for the Revenue and Shri Rajesh Gupta, CA appearing for the respondents. 2. The short issue required to be decided in the present appeal as to whether the respondent was required to reverse the Cenvat credit involved in the inputs lying in stock as well as contained in finished goods/sem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account. 3. Revenue in their memo of appeal have submitted that Commissioner (Appeals) has erred in giving preference to the decision of the Hon ble High Court instead of following the Tribunal s decision in the case of Ranbaxy Lab. Ltd. [2010 (253) E.L.T. 578 (Tribunal)]. For better appreciation, the grounds relating to the above submission are reproduced below :- The Commissioner (Appeals) has also erred in giving precedence to the decision of the Hon ble High Court of Himachal Pradesh in the case of CCE, Chandigarh v. Saboo Alloys P. Ltd. reported as 2010 (249) E.L.T. 0519 (H.P.) over the decision of Hon ble Tribunal in the case of M/s. Ranbaxy Lab. Ltd. v. CCE, Chandigarh reported as 2010 (253) E.L.T. 578 (Tri.-Del.) due to the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the reliance by the Revenue on the decision of the Ranbaxy Lab. Ltd. is not appropriate. Though it is the contention of ld. AR that the Hon ble High Court s decision in the case of Saboo Alloys was considered in Ranbaxy Lab. Ltd., I find that such reference to Hon ble High Court s decision in para 64 of the said judgment of the Tribunal. It simply stands observed that the Hon ble High Court has followed the decision of the Rajasthan High Court [2003 (223) E.L.T. 149 (Raj.) without considering all the points which are considered herein. I am of the considered view that Tribunal cannot find faults in the judgments of High Courts and if the issue involved is same, the declaration of law by the Hon ble High Court is required to be followed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
