2006 (2) TMI 681 - SC - Central Excise

Supreme Court remits tax cases for fresh consideration to avoid contradictory orders

The Supreme Court, in Civil Appeal Nos.7515-7517/2004 and I.A.No.2 in Civil Appeal No.2656/2004, set aside the impugned order and remitted the cases back ... - Issues Involved:Identical points in present appeals as in previous appeals - Remittal of cases back to Commissioner (Appeals) - Setting aside impugned order - Direction to dispose of cases along with other pending appeals.Analysis:The Supreme Court, comprising Justices Ashok Bhan and Arun Kumar, heard the present appeals where the parties' counsels agreed that the issue at hand was similar to previous appeals. Referring to Civil Appeal No.6621/1995 and Civil Appeal No.498/1999, the Court had set aside the orders under appeal and sent the cases back to the Commissioner (Appeals), Meerut for a fresh decision based on the observations made in the earlier order. Following the decision in C.A. No. 6621 of 1995, the Court in the present appeals also set aside the impugned order and remitted the cases back to the Commissioner (Appeals), Meerut-I, Uttar Pradesh instead of Commissioner (Appeals), Bangalore. The rationale behind this decision was to prevent contradictory orders by different commissionerates and to dispose of the cases, including the present ones, along with other pending appeals in line with the remand order of the Court in Civil Appeal No.6621/1995 dated 26th November, 2002 and other connected cases as per the Court's observations.The Court's decision in the present appeals, namely Civil Appeal Nos.7515-7517/2004 and I.A.No.2 in Civil Appeal No.2656/2004, was to dispose of them accordingly, following the same pattern as the previous appeals. This comprehensive analysis highlights the Court's approach in dealing with identical issues across multiple appeals, ensuring consistency and effective resolution of cases by remitting them back to the appropriate authority for fresh consideration based on the Court's directives.