2012 (2) TMI 358

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..... India Vs. Dharmendra Textile Processors Ors., (2008 - TMI - 31520 - Supreme Court) , Order of Tribunal is set aside and matter is remitted back to Tribunal for its fresh consideration and decision. - Civil Appeal No. of 2012, Arising out D11065 of 2006 - - - Dated:- 22-2-2012 - H.L. DATTU, ANIL R. DAVE, JJ. O R D E R 1. Delay condoned. 2. Learned counsel for the sole respondent .....

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..... , accepting the stand of the assessee and by relying on the observations made by this Court in the case of Rashtriya Ispat Nigam Ltd. Vs. CCE., Visakhapatnam, 2004 (163) ELT A 53 (SC), has allowed the assessee's appeal and has set aside the demands raised by the Revenue for payment of penalty and interest. The Revenue, being aggrieved by the orders passed by the Tribunal, is before us in this appe .....

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..... the aforesaid cited decision after considering the effect of Section 11 AC of the Act, has come to the conclusion that the view expressed in Dilip N. Shroff Vs. C.I.T., (2007)6 SCC 329 is not correctly decided and accordingly has accepted the view taken in S.E.B.I. Vs. Cabot International Capitals Corporation, (2006) 5 SCC 361. After doing so, the three Judge Bench of this Court thought it fit to .....

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