2013 (3) TMI 551 - HC - Central Excise

Grievance of the appellant that even though the Larger Bench decision of the CESTAT in the case of Noble Drugs Ltd. v. Commissioner of C. Ex., Nasik (2007 (7) TMI 327 - CESTAT, MUMBAI) was brought to the notice of the Tribunal, the Tribunal has disposed of the appeals without considering the said decision - Held that - The impugned order of the CESTAT is quashed and set aside and the matter is restored to the file of the CESTAT for fresh adjudication in accordance with law, as expeditiously as possible.

Summary

The Bombay High Court quashed the order of the CESTAT dated 28th October, 2011 for not considering a relevant Larger Bench decision and restored the matter for fresh adjudication. Both appeals were disposed of with no costs and all contentions were kept open.