ORDER
K.K. Usha, J. (President)
1.When the application for stay came up for hearing, we have heard both sides.
2. We find that the issue raised in this appeal is covered by the decision of the Supreme Court in the case of PSI Data Systems Ltd. v. CCE, 1997 (89) E.L.T. 3 (S.C.), in favour of the assessee. The adjudicating authority after noticing the above decision, opted not to follow the same by observing that the decision came subsequent to the period involved in this appeal. We do not find the above reason acceptable. When the law is laid down by the Supreme Court the same has to be applied in all pending matters. The Commissioner (Appeals) has not even referred to the decision of the Supreme Court, but his reasoning is against the ratio” of the law laid down by the Supreme Court.
3. In view of the above, we set aside the impugned order and allow the appeal.