Commnr.Of Central Excise, Kolkata vs M/S.Praxair India Pvt.Ltd

The Supreme Court held that the orders passed by the Tribunal in Appeal No.E/711/03 dated 16.8.2005 are to be set aside and the matter remitted to the Tribunal for fresh consideration. The Court clarified that the view expressed in Dilip N. Shroff Vs. C.I.T. (2007) 6 SCC 329 is not correctly decided and accepted the view in S.E.B.I. Vs. Cabot International Capitals Corporation (2006) 5 SCC 361, thereby establishing that the Tribunal must adjudicate the issue in light of the Dharmendra Textile Processors case. The appeal was disposed of with no costs.