9911796707
TMI Blog1998 (12) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents. [Order per : Gowri Shankar, Member (T)]. Appeal taken up for disposal after accepting the prayer made for early hearing on the ground that the amount of refund exceeds Rs. 1.48 crores. 2. Appellant was sanctioned refund of Customs duty paid on several consignments of phosphoric acid imported by it from Tunisia. The refund arose because at the time of initial clearance it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of the Bombay High Court in Solar Pesticides v. Union of India - 1992 (57) E.L.T. 201. The Commissioner (Appeals) did not agree. He preferred to rely on the judgment of the Gujarat High Court in Union of India v. Bharat Vijay Mills Co. Ltd. - 1998 (34) E.L.T. 605 and Navsari Oil Products Ltd. v. Assistant Collector of Central Excise - 1992 (60) E.L.T. 550. 4. The latter judgment of the Guja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er considering the statement of objects and reasons relating to the Amendment Act. We are, therefore, of the view that it is more appropriate to rely on that judgment. We also note that the Supreme Court on the appeal against their order has not stayed operation. We thus hold that the Commissioner (Appeals) decision to deny the refund by ignoring this judgment is not sustainable. 5. Departmental ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
