2003 (9) TMI 495

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..... )]. The Assistant Commissioner, in the instant case, has held that refund is not admissible since the credit notes have been issued subsequent to the clearances. On an appeal filed by the assessee, the Commissioner (Appeals) has allowed the appeal on the ground that the refund is not hit by the provisions of Section 11B of the Act. 2. Smt. Radha Arun, appearing in support of the Revenue, s .....

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..... binding precedent. It is submitted before us at the bar that the decision of the Madras High Court in Addison Co. has been taken in appeal and the matter is pending before the Supreme Court. Para 9 : In the light of the above, we hold that the view taken in Thermon Heat Tracers Ltd. [reported in 2001 (132) E.L.T. 455 = 2001 (45) RLT 85 (CEGAT)] is not good law and the ratio in the decision of .....

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..... case of Swarup Fibre Industries Limited v. Commissioner of Central Excise, Meerut, reported in 2000 (120) E.L.T. 510. 4. I have carefully considered the submissions made by both sides. It appears, in this case, that both the issued are interlinked. Since the party in the instant case, has issued Credit Notes subsequent to the clearances, it is clearly covered by the decision of the Larger Bench .....

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