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2016 (10) TMI 670 - HC - Central ExciseCenvat/Modvat on inputs - Held that - the legal issue was decided in favour of the respondent by the Commissioner of Central Excise (Appeals) while referring to the order passed by the Tribunal in the case of MARUTI UDYOG LTD. Versus COMMISSIONER OF C. EX., DELHI-III 2004 (6) TMI 155 - CESTAT, NEW DELHI . The case was found to be fit for filing appeal before the Tribunal only for the reason that the appeal against the order passed by the Tribunal in M/s Maruti Udyog Ltd. case was pending before Hon ble the Supreme Court at that time, however, the same has now been dismissed. As the legal issue involved in the case has already been decided in favour of the assessee, we do not find any reason to go into the issue as to whether the appeal filed by the revenue before the Tribunal was competent in view of alleged irregularity in the approval granted by the Committee of Commissioners - appeal dismissed - decided in favor of assessee.
Issues:
1. Justification of CESTAT's final order without considering facts and merits. 2. Correctness of Committee of Commissioners' review order and formation of opinion. 3. Legality of review order signed on different dates and places. 4. Treatment of review order as individual or joint decision. 5. Compliance with provisions of Section 35 B of the CEA, 1944. 6. Mandatory requirement for Committee of Commissioners to sit together for review. 7. Proper application of mind by Commissioners in signing the review order. 8. Consideration of Allahabad High Court decision by CESTAT. 9. Dismissal of revenue appeal by CESTAT during pendency of similar case before Supreme Court. Analysis: 1. The appellant raised concerns regarding the CESTAT's final order, questioning its justification without delving into the facts and merits of the case. The legality of the decision-making process was challenged based on technical grounds rather than substantive considerations. 2. Issues regarding the correctness of the Committee of Commissioners' review order were debated. Questions arose about the formation of opinions by the Committee, particularly if they merely signed off on notes without proper deliberation. The legal validity of the review order was scrutinized, especially concerning the varying signing dates and locations. 3. The treatment of the review order as an individual decision or a collective decision by the Committee of Commissioners was a point of contention. The significance of the review order signed on different dates in relation to its status as a joint decision was debated, raising concerns about procedural compliance. 4. Compliance with the provisions of Section 35 B of the CEA, 1944 was a crucial aspect of the legal dispute. The adherence to statutory requirements in the review process was questioned, emphasizing the need for legal conformity in decision-making procedures. 5. The mandatory requirement for the Committee of Commissioners to convene at a single location for review purposes was a subject of debate. The significance of joint decision-making by the Commissioners on the same issue was discussed, highlighting the importance of unified decision-making processes. 6. The issue of whether the Commissioners applied their minds properly while signing the review order was deliberated. Concerns were raised regarding the thoroughness and diligence in the decision-making process, emphasizing the need for careful consideration of facts and merits. 7. The CESTAT's decision not to consider the ratio of a decision by the Hon'ble Allahabad High Court was challenged. The relevance and applicability of external legal precedents in the decision-making process were questioned, highlighting the importance of judicial consistency. 8. The dismissal of the revenue appeal by CESTAT during the pendency of a similar case before the Supreme Court raised concerns. The parallel legal proceedings and their implications on the current appeal were discussed, emphasizing the need for comprehensive legal analysis and consistency in judicial decisions. 9. Ultimately, the High Court concluded that no substantial question of law arose in the present appeal. The legal issues were analyzed in favor of the respondent, based on previous legal precedents and the dismissal of the appeal against the Tribunal's decision. As the legal matter had been resolved in favor of the assessee, the appeal was dismissed.
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