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of <h1>Appeal dismissed for failure to distinguish prior SC decision. No new legal question raised.</h1> <h3>Commissioner Versus Sterlite Industries (I) Ltd.</h3> The Bombay HC rejected the appeal as it was based on a SC decision in Escorts Limited v. Commissioner of Central Excise, Delhi. The appellant's counsel ... Cenvat/Modvat - the decision in the case of STERLITE INDUSTRIES (I) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, PUNE [2004 (12) TMI 108 - CESTAT, MUMBAI] contested. The Bombay High Court rejected the appeal as the Tribunal's judgment was based on a Supreme Court decision in the case of Escorts Limited v. Commissioner of Central Excise, Delhi. The appellant's counsel could not provide any reason to not follow the Supreme Court decision. No question of law arose in this case.
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