Binding precedent on light diesel oil relief remained effective despite Supreme Court appeal, leaving the assessee's benefit undisturbed.

Light diesel oil used in the manufacture of taxable goods was treated as covered by an earlier Division Bench ruling granting the claimed relief. The Tribunal was justified in following that precedent, and the fact that the same issue was pending before the Supreme Court did not reduce its binding effect because no stay had been granted. On the facts presented, the High Court found no reason to interfere, so the assessee's relief remained undisturbed.

---

---

Issues: Whether the Tribunal was justified in allowing the assessee's revision on the ground that light diesel oil used in the manufacture of taxable goods was covered by the earlier decision of the Court.

Analysis: The Tribunal had followed an earlier Division Bench decision holding that light diesel oil used in manufacture qualified for the relief claimed. The pendency of the same issue in appeal before the Supreme Court did not detract from the binding force of that decision, particularly when no stay had been granted. The Court also found no reason to interfere on the facts presented.

Conclusion: The challenge to the Tribunal's order failed and the assessee's relief was left undisturbed.

---