9911796707
TMI Blog2013 (7) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... d Steel purchased from the units holding eligibility certificate is absolutely wrong and contrary to the judgment of the Apex Court in Punjab and others etc. etc. Vs. Perfect Synthetics etc. [2008 (3) TMI 454 - SUPREME COURT OF INDIA]. It is not in dispute that while dismissing the above second appeals, the Tribunal has not considered the judgment rendered by the Apex Court in Usha Martin Industries (1997 (8) TMI 77 - SUPREME COURT OF INDIA). Therefore, interest of justice would be suffice, if the matter is remitted back to the Tribunal to decide it afresh after taking into consideration the above judgments. - Matter remanded back. - Trade Tax Revision No. - 53 of 2003, Trade Tax Revision No. - 54 of 2003 - - - Dated:- 1-7-2013 - Raj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itlement gets exhausted, whichever is earlier but the claim of the applicant for granting the benefit of adjustment of 2% tax in respect of the Iron and Steel purchased from the units holding eligibility certificate was rejected by the Deputy Commissioner (Appeals), against which, applicant has approached the Tribunal by filing two second appeals for the different assessment years, as stated hereinabove. The Tribunal, vide impugned order dated 27.11.2002, dismissed both the second appeal and confirmed the order passed by the Deputy Commissioner (Appeals). Hence these revisions. Counsel for the petitioner submits that both the Deputy Commissioner (Appeals) as well as the Tribunal have relied upon the judgment of Hon'ble Single Judge of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment rendered by the Apex Court in Usha Martin Industries (supra). Therefore, interest of justice would be suffice, if the matter is remitted back to the Tribunal to decide it afresh after taking into consideration the above judgments. Accordingly, both the revisions are allowed partly. The impugned orders dated 27.11.2002 are hereby set-aside. The matter is remitted to the Tribunal for deciding afresh, in accordance with law, after taking into consideration the judgment rendered by the Supreme Court in Usha Martin Industries (supra), Perfect Synthetics (supra) and this Court's judgment in Shri Mahaveer Rolling Mills (P) Ltd. Since the matter is lingering since 1996, I hope and trust that the Tribunal shall decide the matter, expedi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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