TMI Blog2022 (7) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 [ 2014 (12) TMI 585 - GUJARAT HIGH COURT] and allowed the appeals filed by the assessee. As rightly pointed out by Mr. Bhattacharyya, learned Standing Counsel for revenue the decision of the Gujarat high Court in the matter of INDSUR GLOBAL LTD. has been challenged before the Hon ble Supreme Court and the Hon ble Supreme Court has entertained the appeal and granted an order of interim stay. It is required to be considered what has to be done in this appeal even assuming that revenue was successful before the Hon ble Supreme Court and the decision of the Gujarat High Court was reversed and the matter has to be heard, the best that can be done is to remand the matter to the Tribunal to take a decision on merits. This appeal can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed the decision of the Gujarat High Court in INDSUR GLOBAL LTD. Vs. UNION OF INDIA; 2014 (310) ELT 833 (Guj.) and allowed the appeals filed by the assessee. Since the order passed by the Tribunal is a common order the revenue has filed a single appeal before this Court. The identical issue came up for consideration before this Court in the case of COMMISSIONER OF CENTRAL EXCISE KOLKATA IV SAI CONSTRUCTION; in CEXA 31 of 2021 and by judgment dated February 3, 2022 the legal issue was raised by the revenue was left open and the appeal was disposed of on the ground of low tax effect. Similar was the view taken in CEXA/29/2021 in the case of PRINCIPAL COMMISSIONER OF CGST AND CENTRAL EXCISE, HOWRAH COMMISSIONERATE Vs.M/s. FENASIA L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the given circumstances, we are to consider what has to be done in this appeal even assuming that revenue was successful before the Hon ble Supreme Court and the decision of the Gujarat High Court was reversed and the matter has to be heard by us, the best that can be done is to remand the matter to the Tribunal to take a decision on merits. However, when the matter goes back to the Tribunal, would have to take note of the fact that in each of the five appeals the tax effect is less than the threshold limit fixed by the Circular issued by the C.B.C.E. Therefore, the Tribunal cannot take a decision on merits. Therefore, we are of the view that this appeal can be disposed of by directing the interest of the revenue by living the que ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
