2016 (8) TMI 1100

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....ath Raichandani, Advocate For the Appellant Shri. Balamurugan, AC (AR) For the Respondent ORDER Per P. K. Choudhary M/s. Computer Graphics Ltd. (hereinafter referred to as 'Appellant') are engaged in manfuacture of Konica Colour Films, Colour Paper, Graphic Art film etc. Owing to change in technology, the appellant were unable to carry on their operation at Athipet Factory. The....

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....ls), Appellant is in appeal before this Tribunal. 3. Heard both sides in the matter. The Appellant was represented by Shri Bharat Raichandani, Advocate and the Revenue was represented by Shri M. Balamurugan, A.C. (AR).The Appellant re-iterated their grounds substantiated by a bunch of case laws which were in their favour. The Revenue re-iterated the contents of the impugned order. 4. We have....

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..... Slovak India Trading Co. Pvt. Ltd - 2006-TIOL-469-HC-KAR-CX is reproduced below for reference: "5. There is no express prohibition in terms of Rule 5. Even otherwise, it refers to a manufacturer as we see from Rule 5 itself. Admittedly, in the case on hand, there is no manufacture in the light of closure of the Company. Therefore, Rule 5 is not available for the purpose of rejection as ....

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....nclined to accept to the case law relied upon by the department as the said case law did not consider the Hon'ble Karnataka High Court's judgment of Slovak India Trading Co. Pvt. Ltd. (supra) which has been subsequently upheld by the Honble Supreme Court. Moreover, we also find that the Chennai Bench of the Tribunal in the case of M/s. Srinivasa Hair Industries Versus CCE, Chennai - 2016 ....