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 set aside and the matter is remitted to the Tribunal for fresh consideration in light of the decision in Dharmendra Textile Processors. The Court found that the view in Dilip N. Shroff Vs. C.I.T. was not correctly decided and accepted the view in S.E.B.I. Vs. Cabot International Capitals Corporation. The Court emphasized that the Tribunal must adjudicate the issue afresh based on the observations made in the Dharmendra Textile Processors case.