TMI Blog2016 (3) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... demands issued in 2004, for the period 1997-1998 are set aside. - Decided in favour of appellant with consequential relief - Service Tax Appeal Nos. 51317-51318 of 2014- Cus & Service Tax Stay Application Nos. 51555-51556 of 2014- Cus - Final Order No.51000-51001 /2016-Cus - Dated:- 7-3-2016 - SHRI ARCHANA WADHWA, MEMBER (JUDICIAL) AND MR. B RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Ms. Asmita A Nayak, Shri Ranjit Kr, Advocates For the Respondent : Shri Gajraj Singh, AR ORDER PER MS. ARCHANA WADHWA : Inasmuch as the issue stand covered by the precedent decision of the Tribunal, we proceed to decide the same as it will not serve any purpose to keep the appeal pending. 2. It is seen that the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seen that the said decision of the Larger Bench, which stand relied upon by the authorities below was considered by the Tribunal in the case of Kisan Sahkari Chini Mills vs. CST, NOIDA [2012 (28) STR 43 (Tri-Del)] and it was observed that there were various other decisions of various High Courts holding in favour of the assessee, on the point of limitation. As such, it was observed that the Hon ble High Court decision would have preference over the Larger Bench decision of the Tribunal and by following the Honble High Court decision, demands issued in 2004, for the period 1997-1998 were set aside. 5. For better appreciation, we reproduce the relevant paragraphs of the said order as under: 10. Because there were conflicting decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e recipient to file a return within six months from the date on which the Finance Bill, 2003 receives assent of the President. However, even after this amendment, the Apex Court has noted that in absence of Section 71A of the Finance Act, 1994 (which has retrospectively been introduced w.e.f. 16- 7-1997) appearing in Section 73 of the Finance Act, 1994 no levy of any short duty or non-levy could have been demanded. 4. Thus, it is apparent that till the point of time Section 73 of the Finance Act, 1994 came to be substituted w.e.f. 10-9-2004 provisions of the said section could not be made applicable despite retrospective amendment in Sections 68 and 71A of the Finance Act, 1994. In these circumstances, admittedly, the assessee could no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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