Tribunal order based on Canon India set aside after review, with matters remitted for fresh consideration on their own merits.

The Tribunal's common order, which had allowed the assessees' appeals by relying on Canon India, could not stand after that precedent was reviewed and the review was allowed. The earlier decision no longer provided a concluded basis for sustaining the Tribunal's reasoning, so the matters had to be examined afresh on their own merits. The Supreme Court set aside the impugned common order and remitted the matters to the Tribunal for fresh consideration in accordance with law, effectively restoring the Revenue's position on remand.

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Issues: Whether the common order of the Tribunal allowing the assessees' appeals on the basis of the earlier decision in Canon India could survive after that decision was reviewed, and whether the matters required reconsideration on their own merits.

Analysis: The basis on which the Tribunal had allowed the assessees' appeals was the earlier decision in Canon India. Since that decision had subsequently been reviewed and the review had been allowed, the foundation of the Tribunal's order could not be sustained. The matters therefore required examination afresh without reliance on the earlier decision as a concluded basis.

Conclusion: The common impugned order was set aside and the matters were remitted to the Tribunal for fresh consideration in accordance with law, in favour of the Revenue.

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