TMI Blog2019 (1) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... rit of the case, the matter needs to be remitted back to the Commissioner (A) - Appeal allowed by way of remand. - C/2589/2005-DB - ORDER NO. A/12251/2018 - Dated:- 4-10-2018 - Mr. Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) For the Applicant : Shri Uday Joshi, Adv. For the Respondent : Ms. Nitina Nagori, Dy. Commr. (AR) ORDER PER: RAMESH NAIR This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, imported goods were not used for the end product specified the notification. 2. Shri Uday Joshi, Ld. Counsel appearing on behalf of the appellant submits that the issue has been settled in their favour as per the judgments of this Tribunal in the case of Commissioner of Customs, Chennai Vs. Tablets (India) Ltd. 2005(191) E.L.T. 280 (Tri- Chennai) which has been upheld by the Hon ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not decided the merit of the case, the matter needs to be remitted back to the Commissioner (A). However, as regard stay application, we find that appellant has strong prima facie case in their favour as per the judgments of this Tribunal in the case of Tablets (India) Pvt. Ltd which was upheld by the Supreme Court and also the judgment in the case of Fresenius Kabi India Pvt. Ltd. (supra). A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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