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    <title>2010 (6) TMI 202 - CESTAT, NEW DELHI-LB</title>
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    <description>A reference to a Larger Bench was held not maintainable where the referring Bench had only expressed a prima facie disagreement at the stay stage and had not given a reasoned conclusion on the merits. The Tribunal stressed judicial discipline, continuity and certainty, and held that departure from an earlier coordinate decision requires a reasoned order identifying the precise point of disagreement after hearing the parties on merits. A mere request for an opinion, without a properly formed difference of opinion, cannot justify Larger Bench reference. The reference was returned to the Registry and the matter restored for further action in accordance with law.</description>
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      <description>A reference to a Larger Bench was held not maintainable where the referring Bench had only expressed a prima facie disagreement at the stay stage and had not given a reasoned conclusion on the merits. The Tribunal stressed judicial discipline, continuity and certainty, and held that departure from an earlier coordinate decision requires a reasoned order identifying the precise point of disagreement after hearing the parties on merits. A mere request for an opinion, without a properly formed difference of opinion, cannot justify Larger Bench reference. The reference was returned to the Registry and the matter restored for further action in accordance with law.</description>
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