2010 (1) TMI 1009

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..... n setting aside the order of the Collector dated 31st October, 1986 and directing refund with interest? (2) Whether on the facts and circumstances of the case the learned Tribunal was right in law in transferring the cross objection to be decided by the Special Bench of the Tribunal? 2. We are told by the learned counsel for both the parties that during the pendency of the matter the Special Be .....

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..... upreme Court in the case of B. Vijaykumar Co. The Supreme Court upheld the correctness of the findings of the Tribunal with regard to the bona fide of the appellants in that case. The appellants before us also stand on the same footing. Their case is also exclusively as that of B. Vijaykumar Co. In such circumstances that decision of the Supreme Court is applicable to the facts of the case als .....

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..... aid reliance of learned Tribunal on the above decision of Supreme Court (supra) is legally flawed as when the Supreme Court has made it clear in the judgment itself that it would not be a binding precedent the Tribunal of its own cannot treat the same as being binding and according to us this amounts to ignoring the Supreme Court s wishes. 7. Apart from the aforesaid reasoning there is no other .....

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