2005 (10) TMI 94

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..... s matter along with those cases which are pending before the Constitution Bench. If ultimately it is held by the Constitution Bench that judgments of this Court would prevail then this appeal would stand dismissed. If however the Constitution Bench takes a contrary view, then of course the reverse will follow. In either case there will be order as to costs. - 4789 of 2000 - - - Dated:- 19-10-200 .....

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..... red to a Constitution Bench by a Judgment in the case of Commissioner of Central Excise, Bolpur v. Ratan Melting Wire Industries reported in 2005 (181) E.L.T. 364 (S.C.). We, therefore, after giving the above finding, tag these matters with the cases before the Constitution Bench. We clarify that this is only for the purpose of ascertaining whether the Circular would prevail or the Judgment of t .....

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..... and dismissed. If however the Constitution Bench takes a contrary view, then of course the reverse will follow. In either case there will be order as to costs. 3. It must be mentioned that it was submitted that there is an additional point. It is submitted that on the interpretation given by this Court the appellants are still entitled to the exemption under a Notification as they fall within t .....

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