2003 (9) TMI 495

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....arayana, Consultant, for the Respondent. [Order (Oral)]. - The Assistant Commissioner, in the instant case, has held that refund is not admissible since the credit notes have been issued subsequent to the clearances. On an appeal filed by the assessee, the Commissioner (Appeals) has allowed the appeal on the ground that the refund is not hit by the provisions of Section 11B of the Act. 2.....

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....the Tribunal in Sangam Processors (Bhilwara) Ltd. has no value as a binding precedent. It is submitted before us at the bar that the decision of the Madras High Court in Addison & Co. has been taken in appeal and the matter is pending before the Supreme Court. Para 9 : In the light of the above, we hold that the view taken in Thermon Heat Tracers Ltd. [reported in 2001 (132) E.L.T. 455 = 2....

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....en passed on to the customer and this issue has been dealt by this Bench in the case of Swarup Fibre Industries Limited v. Commissioner of Central Excise, Meerut, reported in 2000 (120) E.L.T. 510. 4. I have carefully considered the submissions made by both sides. It appears, in this case, that both the issued are interlinked. Since the party in the instant case, has issued Credit Notes su....