TMI Blog2011 (11) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... - 77888 - Chhaitisgarh High Court). - E/2236 & 3816 of 2005-Ex - - - Dated:- 15-11-2011 - Ms. Archana Wadhwa, Mr. Mathew John, Appearance: Shri Sanjay Grover, Advocate for the Appellants Shri Sunil Kumar, SDR for the Respondent Per Archna Wadhwa (for the Bench): After hearing both sides, we find that the short issue involved in the present appeal is as to whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d upon the judgement of Division Bench of the Tribunal in the case of Vikram Cement vs. CCE, Indore reported in [2009 (242) ELT 545 (Tri-Del)] and judgement of Apex Court in the case of Ramala Sahkari Chini Mills Ltd. vs. CCE, Meerut I reported in [2010 (260) ELT 321 (SC)]. I have considered the submissions made by both sides and perused the records. I find that orders of the adjudicating auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egards the Ramala Sahkari Chini Mills (supra), I find that this matter is referred to the Larger Bench of the Hon'ble Supreme Court, this would indicate that at this juncture the judgement of the Hon'ble High Court as referred to hereinabove are binding on me and respectfully following the same, the impugned order is liable to be set aside. The impugned order is set aside." 4. Inasmuch the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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