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TMI Blog2011 (4) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... ase and, therefore,set aside the impugned judgment and order and remit back the matter to the Tribunal for de novo and fresh consideration of the issues which arise for consideration both in respect of the factual position as also the legal position in the light of the aforesaid decisions of this Court and also of the Tribunal - Appeal is dismissed accordingly. - 3952-3953 of 2003 - - - Dated:- 26-4-2011 - Dr. Mukundakam Sharma and Anil R. Dave, JJ. REPRESENTED BY : S/Shri R.P. Bhatt, Sr. Advocate, Krishna Kumar, Gautam Jha, B.K. Prasad, Mrs. Anil Katiyar, and P. Parmeswaran, Advocates, for the Appellant. S/Shri Alok Yadav and M.P. Devanath, Advocates, for the Respondent. [Order]. Heard learned counsel for the parties o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce) it has to be shown that the Revenue neutral situation comes about in relation to the credit available to the assessee himself and not by way of availability of credit to the buyer of the assessee s manufactured goods; (d) We express our opinion in favour of the view taken in the case of M/s. Internation Auto Products (P) Ltd. and endorse the proposition that once an assessee has chosen to pay duty, he has to take all the consequences of payment of duty. 3. There are four areas laid down therein and it appears to us that the decision was rendered by the Tribunal only by reference to clause (c) thereof, whereas clauses (a), (b) and (d) do not appear to have been taken notice of or considered by the Division Bench of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of his argument, has also relied on the decision in Commissioner v. Essel Packaging Ltd., 2006 (204) E.L.T. A45 (S.C.) apart from the decision in International Auto Ltd. (supra). 6. These decisions which deal with the issues as to when and how the extended period of limitation could be said to be applicable are directly on the issue raised. There is no proper discussion and finding with regard to the factual position by the Tribunal in the present case and, therefore, we set aside the impugned judgment and order and remit back the matter to the Tribunal for de novo and fresh consideration of the issues which arise for consideration both in respect of the factual position as also the legal position in the light of the aforesaid decisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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