2010 (1) TMI 1009

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.... the facts and in the circumstances of the case the Tribunal was right in law in setting aside the order of the Collector dated 31st October, 1986 and directing refund with interest? (2) Whether on the facts and circumstances of the case the learned Tribunal was right in law in transferring the cross objection to be decided by the Special Bench of the Tribunal? 2.  We are told by the learn....

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....nal.- "The above said reasonings of the Tribunal were taken into consideration by the Hon'ble Supreme Court in the case of B. Vijaykumar & Co. The Supreme Court upheld the correctness of the findings of the Tribunal with regard to the bona fide of the appellants in that case. The appellants before us also stand on the same footing. Their case is also exclusively as that of B. Vijaykumar & Co. I....

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....lable therein and that case will not be treated as a precedent. 6.  We are of the view that the aforesaid reliance of learned Tribunal on the above decision of Supreme Court (supra) is legally flawed as when the Supreme Court has made it clear in the judgment itself that it would not be a binding precedent the Tribunal of its own cannot treat the same as being binding and according to us t....