2006 (4) TMI 579 - SCH - Central Excise

Summary

Issues:
- Acceptance of appeal by the Tribunal based on earlier decision
- Filing of Reference Application by Revenue
- Mistake in filing Reference Application in High Court instead of Supreme Court
- Finality of Tribunal's decision and Revenue's preclusion from taking a different stand
- Dismissal of appeals without delving into the merits

Analysis:
The Supreme Court considered the Tribunal's acceptance of the appeal by the respondent-assessee, which was based on a prior decision involving similar notifications. The Revenue had filed a Reference Application against the Tribunal's order, which was subsequently dismissed. Instead of appealing to the Supreme Court, the appellant mistakenly filed a Reference Application in the High Court. Upon admission of Civil Appeal No. 2151 of 2001, it was acknowledged that no appeal had been filed against the Tribunal's earlier order. The Court emphasized that the Revenue, having accepted the Tribunal's decision in the previous proceedings, was bound by it and precluded from adopting a different stance in the current appeals. This principle was supported by various legal precedents cited by the Court, including cases involving different tax matters. Consequently, without delving into the merits of the dispute, the appeals were dismissed, and no costs were awarded.