Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2004

Supreme Court of India · 2004-04-07

Ascu Arch Timber Protection Ltd. vs Commissioner Of C. Ex., Calcutta

Citation / case number
AIRONLINE 2004 SC 68
Court
Supreme Court of India
Petitioner
Ascu Arch Timber Protection Ltd.
Respondent
Commissioner Of C. Ex., Calcutta
Bench
S.N. Variava, H.K. Sema

Judgment text excerpt

The Supreme Court held that the Tribunal exceeded its jurisdiction by reviewing its own order and relying on irrelevant materials in determining the case against ASCU Limited. The Court emphasized that findings based on a mix of relevant and irrelevant material are vitiated, leading to an inability to ascertain the basis of the Tribunal's conclusion. Consequently, the Court set aside the Tribunal's order regarding ASCU and remitted the matter back for reconsideration, while clarifying that the decision does not affect the other parties involved.

Ascu Arch Timber Protection Ltd. vs Commissioner Of C. Ex., Calcutta · Niyam