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TMI Blog2020 (7) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... were not registered with the Revenue Department - Rule 5 of CCR Rules, 2004 - HELD THAT:- In a recent decision in BNP Paribas Sundaram Global Securities Operations Pvt. Ltd, [ 2018 (6) TMI 676 - MADRAS HIGH COURT ], the Hon'ble High Court of Madras, has interalia held that Rule 5 of CCR, 2004, does not stipulate registration of premises as a necessary pre-requisite for claiming a refund. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enkataraman ORDER (Made by DR.VINEET KOTHARI, J.) The Court was held by Video Conference, as per the Resolution of the Full Court dated 3 July 2020, by Judges at their respective residence and the counsel, staff of the Court appearing from their respective residences. 2. Heard Mr.K.S.Ramasay for the appellant and Mr.Prasad Paranjape for the respondent/Assessee. 3. The Revenue Department has challe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he issue in dispute has been now decided in favour of the respondents vide case laws relied upon by the Ld. Advocate. We find that in a recent decision in BNP Paribas Sundaram Global Securities Operations Pvt. Ltd, 2018- TIOL -1126-HC-MAD-ST, the Hon'ble High Court of Madras, has interalia held that Rule 5 of CCR, 2004, does not stipulate registration of premises as a necessary pre-requisite f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no reason to take a different view of the matter and the present appeal filed by the Revenue has no merit and is liable to be dismissed. 7. Having heard the learned counsel for the parties, and upon perusal of the order passed by the learned Tribunal, we are of the clear opinion that there is no merit in the present appeal filed by the Revenue Department and the same is liable to be dismissed. 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present appeal on the same ground cannot be entertained. The Revenue Department is bound by the judgments of this Court unless they are set aside by higher Courts in appropriate proceedings. It is also not the case of the Department that any subsequent amendment in law has changed the legal position and therefore the earlier judgments cannot be followed by this Bench. 10. In view of this, we are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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