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2018 (10) TMI 699

Review petitions - error apparent on the face of record - petitioners argued that the appeals preferred by the Commissioner, Customs, Central Excise and Service Tax were dismissed on account of letter dated 5-6.12.2005, which was not in existence at all and the same was withdrawn in the year 2006, itself - Held that:- Whether the respondents were informed or not, the letter dated 5-6.12.2005 was not in existence based upon which the judgment has been delivered. - Resultantly, as there is an error apparent on the face of the record, warranting review, the judgment delivered by this Court dated 31.1.2018 is hereby recalled. All these appeals are restored to their original number and be listed before this Court on 26th November, 2018. - .....

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3 to paragraph 16 of the judgment delivered in Central Excise Appeal No.31 of 2017 reads as under:- 13. To support the aforesaid, he has drawn our attention to the letter No.F.No.4/323/99-100%/EOU/10242 dated 05-06.12.2005 issued by the Assistant Development Commissioner, Noida Special Economic Zone. Para-3 of the aforesaid communication reads as under :- 3. However, in case of cotton waste the applicable duty is NIL unconditionally in terms of S. No.15 of Notification No.23/2003-CE dt. 31.03.2002 (erstwhile Notification No.6/97-CE dt. 01.03.1997). Therefore the benefit of NIL duty is available irrespective of the fact whether DTA sale entitlement is available with the unit or not. Under the circumstances, this office feels that the value o .....

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cord of other connected appeals (CEA No.32/2017 & CEA No.34/2017) also. 5. This Court has certainly taken into account the letter dated 5-6.12.2005. The aforesaid letter was not in existence and this fact was brought to the knowledge of Commissioner of Central Excise by the Development Commissioner, Noida Special Economic Zone. The letter of the Development Commissioner (Annexure D), reads as under:- To Shri Arvind Singh Commissioner of Central Excise Manik Bagh Palace Indore. Sub: Central Excise case against M/s STI India Ltd., Sonvey Indl Area, Rau, Indorereg.... Sir, Please refer to your letter No.C. No.V(52) 15-01/06/Adj.-I/22462 dated 04.10.2006 on the above noted subject, and to say that the contents of the letter have been examin .....

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