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High Court remands matters to CESTAT for fresh decision, quashes previous order, restores Tax Appeals The High Court, following a previous order, remanded the matters to the CESTAT for a fresh decision. The impugned common order was quashed and set aside, ...
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High Court remands matters to CESTAT for fresh decision, quashes previous order, restores Tax Appeals
The High Court, following a previous order, remanded the matters to the CESTAT for a fresh decision. The impugned common order was quashed and set aside, with appeals kept pending until a decision in another case. The present Tax Appeals were allowed, restoring the appeals to the Tribunal's file. The Revenue/Department was allowed to request an early hearing date for another appeal, which was deemed to impact over 100 pending appeals before the Tribunal.
Issues: The judgment involves the disposal of appeals on the same terms as a previous order, remanding matters to the CESTAT for fresh decision, quashing and setting aside an impugned common order, and keeping pending appeals till the decision in another case.
Analysis: The High Court, in a consensus between advocates for both parties, decided to dispose of the present appeals in line with a previous order in Tax Appeal No.767 of 2018 and allied Tax Appeals. The matters are to be remanded to the CESTAT for a fresh decision, as observed in the order dated 09.07.2018.
In the previous case of Tax Appeal No.767 of 2018, the Division Bench of the Court had quashed and set aside a similar order by the CESTAT. The appeals were restored to the Tribunal's file to avoid further multiplicity of proceedings before the Court. The appeals on remand were directed to be kept pending until the decision in the case of Essar Steel India Ltd., Tax Appeal No.444 of 2016.
Following the precedent set in the previous case, the present Tax Appeals were also allowed. The impugned common order by the CESTAT dated 31.07.2017 was quashed and set aside, restoring the appeals to the Tribunal's file. Similar to the previous case, the appeals on remand are to be kept pending until the decision in Tax Appeal No.444 of 2016.
The Revenue/Department is permitted to file a note/application for fixing an early date of hearing for Tax Appeal No.444 of 2016. The decision in this appeal is deemed to have a direct bearing on the pending appeals before the Tribunal, which are reported to be more than 100 in number.
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