Judicial discipline requires smaller Benches to follow larger-Bench precedent and bars advisory references reopening settled appellate views.
Stare decisis requires a Bench of lesser strength to follow a larger-Bench view. It may record a doubt and seek a larger-Bench reference, but cannot dissent from, overrule, or advance a competing view. The President may constitute a larger Bench without being constrained by the strength of the Bench whose view is questioned. A valid reference requires a genuine basis for reconsideration, such as an overlooked statutory provision, binding precedent, or apparent error, and must concern a live unresolved appeal. References that merely express disagreement, seek to reopen consistent precedent, or invite an advisory answer are improper. Consistent Tribunal decisions remain binding on lesser Benches and relevant departmental authorities unless displaced by a competent forum.
Issues: (i) Whether a Bench of lesser strength may doubt or differ from a decision of a Bench of greater strength and whether the President may constitute a larger Bench to resolve that doubt; (ii) Whether the reference was a proper reference requiring answers to the four questions posed.
Issue (i): Whether a Bench of lesser strength may doubt or differ from a decision of a Bench of greater strength and whether the President may constitute a larger Bench to resolve that doubt.
Analysis: Stare decisis and judicial discipline require a Bench of lesser strength to follow the binding view of a larger Bench. Such a Bench may record a doubt and request placement before a larger Bench, but cannot dissent from, overrule, or propound a competing view against the larger Bench. Section 129C(1) and Section 129C(5) of the Customs Act, 1962, as applied through Section 35D of the Central Excise Act, 1944 and Section 86(7) of the Finance Act, 1994, vest the President with authority to constitute Benches and impose no restriction requiring that the constituted Bench be of the same strength as the Bench whose view is doubted. A three-Member Bench was consequently competent to consider doubt concerning Division Bench decisions.
Conclusion: The constitution of the three-Member Bench was valid, and the preliminary objection was rejected against the assessee.
Issue (ii): Whether the reference was a proper reference requiring answers to the four questions posed.
Analysis: The reference disclosed six consistent Tribunal decisions, including Division Bench decisions, supporting the assessee, without identifying any contrary decision. It expressed disagreement rather than a permissible doubt and did not identify an overlooked statutory provision, binding precedent, or apparent error in any earlier decision. Further, the appeal had already been remanded, leaving no live appeal to which an answer could be applied; answering the questions would therefore be advisory. The narrow per incuriam exception was not attracted.
Conclusion: The reference was not proper, and the four questions were returned unanswered in favour of the assessee.
Final Conclusion: The existing consistent Tribunal decisions remain binding on Benches of lesser strength and on departmental authorities within the Tribunal's jurisdiction unless displaced by a competent forum.
Ratio Decidendi: A Bench of lesser strength cannot register disagreement with binding larger-Bench precedent, and a Larger-Bench reference that lacks a live unresolved appeal and a valid basis for reconsideration cannot be used to reopen uniform precedent.