The appeal is disposed of with no order as to costs.
(S. Thapar) (Madhu Saxena)
PS to Registrar Court Master
The signed order is placed on the file.
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5173 OF 2008
By consent the matter is taken up for final hearing.
In this case the matter needs to be remitted to the Tribunal to decide whether
there existed dummy units set up by the assessee as alleged by the Department. If so,
whether transactions undertaken by the assessee have been routed through the dummy
units. It is in this context that the Tribunal will also decide as to who was the real
manufacturer of the items in question. Depending on the answers to the above issues the
Tribunal will then decide the question regarding applicability of the Exemption
Notification.
Accordingly, the impugned judgment is set aside, the matter is remitted to the
Tribunal for consideration in accordance with law.
Accordingly, the appeal is disposed of with no order as to costs.
March 27, 2009 [ AFTAB ALAM ]