Cce Vs. Super Plateck (P) Ltd. - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/38362 |
| Court | Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi |
| Decided On | Mar-07-2005 |
| Judge | K Kumar |
| Reported in | (2005)(101)ECC281 |
| Appellant | Cce |
| Respondent | Super Plateck (P) Ltd. |
2. none appeared on behalf of the respondents. the ld. jdr submitted that the commissioner (appeals) has not considered various decisions relied on by the revenue, such as:- (1) kirloskar brothers ltd. v. union of india and ors., 2002 (83) ecc 497 (bom.)media video ltd. v. cce, new delhi, 2003 (55) rlt 407 (cegat-del.)cce, indore v. caps and caps (p) ltd., 2004 (169) elt 341 (tri.-del.)pee aar steels (p) ltd. v. cce, meerut, he submitted that all these cases support the contention of the department and since the commissioner (appeals) has not considered these decisions, the impugned order is liable to be stayed. after hearing the jdr, perusal of the records and the case law relied on by him, i order to maintain the status quo. the appeal is fixed for regular hearing on 11.7.2005. notice may be issued.
2. None appeared on behalf of the respondents. The Ld. JDR submitted that the Commissioner (Appeals) has not considered various decisions relied on by the Revenue, such as:- (1) Kirloskar Brothers Ltd. v. Union of India and Ors., 2002 (83) ECC 497 (Bom.)Media Video Ltd. v. CCE, New Delhi, 2003 (55) RLT 407 (CEGAT-Del.)CCE, Indore v. Caps and Caps (P) Ltd., 2004 (169) ELT 341 (Tri.-Del.)Pee Aar Steels (P) Ltd. v. CCE, Meerut, He submitted that all these cases support the contention of the department and since the Commissioner (Appeals) has not considered these decisions, the impugned order is liable to be stayed. After hearing the JDR, perusal of the records and the case law relied on by him, I order to maintain the status quo. The appeal is fixed for regular hearing on 11.7.2005. Notice may be issued.