TMI Blog2005 (2) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... tta and Ors. v. Indian Oil Corpn. Ltd. and Another [ 2004 (2) TMI 66 - SUPREME COURT OF INDIA ]. It appears to us that the law declared by this Court is binding on the Revenue/Department and once the position in law is declared by this Court, the contrary view expressed in the circular should per force lose its validity and becomes non est - Though the view expressed in Kalyani' case ( 2004 (5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the respondent. [Order per : Arijit Pasayat, J.]. - During hearing of this appeal it was fairly conceded by learned Counsel for the parties that the decision of this Court, in Collector of Central Excise, Patna v. Usha Martin Industries [1997 (7) SCC 47] on which CEGAT placed reliance was overruled by a subsequent decision of a Constitution Bench in Collector of Central Excise, Vadodara v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stood. It, therefore, becomes necessary to clarify para 9 (para 11 in SCC) of Dhiren Chemical case [2004 (6) SCC 722]. One of us (Variava, J.) was a party to the judgment of Dhiren Chemical case and knows what was the intention in incorporating para 9 (para 11 in SCC). It must be remembered that law laid down by this Court is law of the land. The law so laid down is binding on all Courts/Tribunals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not available, and the matter was sub judice before a court or a Tribunal, the court or tribunal would also give effect to circulars of the Board in preference to a decision of the Constitution Bench of this Court. Whereas a result of dispute the matter is sub judice, a court/tribunal is, after Dhiren Chemical case, bound to interpret as set out in that judgment. To hold otherwise and to interpret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's case (supra), we feel that the earlier judgment in Dhiren Chemical's case (supra), being by a Bench of five Judges, it would be appropriate for a Bench of similar strength to clarify the position. In the circumstances, we refer the matter to a Larger Bench of five Hon'ble Judges. Let the papers be placed before Hon'ble the Chief Justice of India for constituting an appropriate Bench. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
