Commissioner of Central Excise, Gujarat v. Aditya Yarns Private Limited
2011-03-30
D.K.JAIN, H.L.DATTU
body2011
DigiLaw.ai
ORDER : 1. It is evident from the impugned order that before the Tribunal it was conceded by the learned counsel for the Revenue that the issue raised in the appeal had already been decided against the Revenue vide its earlier decision in Amitex Silk Mills (P) Ltd. v. CCE, (2006) 194 ELT 344 (Tri). The said decision had also been followed by the Tribunal in a number of cases. 2. Mr Harish Chander, learned Senior Counsel appearing for the Revenue concedes that the appeal preferred by the Revenue against the decision of the Tribunal in Amitex Silk Mills (P) Ltd. v. Commr. of Customs, Civil Appeal No. 1900 of 2002, order dated 16.8.2007 (SC) has been dismissed by this Court. He however, submits that the said decision is clearly distinguishable on facts. 3. We are unable to agree with the learned counsel for the Revenue. Having conceded before the Tribunal that the issue raised in the present case stood concluded by an earlier decision, which attained finality on the dismissal of the appeal, the Revenue cannot be permitted to reopen the same issue all over again before this Court on the ground that the facts of the two cases were not similar. 4. Accordingly, following the decision of this Court in Amitex Silk Mills (P) Ltd. v. Commr. of Customs, Civil Appeal No. 1900 of 2002, order dated 16.8.2007 (SC) the appeal is dismissed. Appeal dismissed.