M/S Flex Engineering Ltd. vs Commissioner Central Excise on 7 July, 2010

Court No. - 37

Case :- CENTRAL EXCISE REFERENCE APPL. DEFECTIVE No. - 1 of
2007

Petitioner :- M/S Flex Engineering Ltd.
Respondent :- Commissioner Central Excise
Petitioner Counsel :- A.P.Mathur
Respondent Counsel :- A.S.G.I.

Hon'ble Rajes Kumar,J.

Hon’ble Bharati Sapru,J.

Heard Sri A.P.Mathur, learned counsel for the applicant and Sri
S.P.Kesarwani, learned Additional Chief Standing Counsel.

Since the question involved in the present applicant is causing attention to this
Court in Central Excise Appeal No.329 of 2005 in the case of applicant itself,
we propose to call the following question for decision by this Court.

“Whether on the facts and circumstances, Tribunal is justified in
denying the benefit of exemption of the notification no.108/95-CE, dated
28.08.1995.”

The Tribunal is directed to draw a statement of the case and refer the
aforesaid question for decision by this Court.

The application is accordingly, allowed.

Order Date :- 7.7.2010
R./