Forwarding of Supreme Court Order dated 8/02/2005 in Civil Appeal No. 8580 of 2003 - Central Excise - 817/14/2005

CIR NO.817/14/2005-CX, DT. 28/06/2005 Forwarding of Supreme Court Order dated 8/02/2005 in Civil Appeal No. 8580 of 2003 Please find enclosed a copy of the Supreme Court Order dated 8/02/2005 in Civil Appeal No. 8580 of 2003 in the matter of Commissioner of Central Excise Bangalore-II vs Unistar Mechanical Engineering Company Pvt. Ltd for information F.No.387/183/2003-JC Sd/- (SJS KAHLON) Joint Commissioner(JC) ITEM NO.103 COURT NO.4 SECTION III SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO. 8580 OF 2003 COMMNR. OF CENTRAL EXCISE, BANGALORE-II Vs M/S.UNISTAR MECHANICAL ENGGNG.CO.PVT.LTD (With appln(s) for stay and office report ) Date: 08/02/2005 This Appeal was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RUMA PAL HON'BLE MR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE C.K. THAKKER For Appellant(s) Mr. K.Swami,Adv. Mr.K.K.Dhawan,Adv. Mr.P.Parmeswaran,Adv. Mr. B. Krishna Prasad,Adv. For Respondent(s) Mr. Braj Kishore Mishra,Adv. Ms. Aparna Jha,adv. Mr.Abhishek Singh,adv. UPON hearing counsel the Court made the following ORDER The appeal is allowed in terms of the signed order. [SUMAN WADHWA] [MADHU SAXENA] COURT MASTER COURT MASTER Signed order is placed on the file. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8580 OF 2003 COMMISSIONER OF CENTRAL EXCISE, Bangalore-II Vs M/s. UNISTAR MECHANICAL ENGGNG. Co.Pvt.Ltd. ORDER The issue raised in this appeal has bee decided against the assessee and in favour of the appellant by this Court in Collector of Central Excise, Baroda vs. L.M.P.Precision Engg.Co.Ltd. (2004 (9) SCC 703). The appeal is accordingly allowed in terms of that judgment. ....................J. (RUMA PAL) ....................J. (ARIJIT PASAYAT) ....................J. (C.K.THAKKER) New Delhi; February 8, 2005.