LAWS(SC)-1999-3-88

SYNDICATE BANK Vs. G VENKATARAMANI

Decided On March 22, 1999
SYNDICATE BANK Appellant
V/S
G.VENKATARAMANI Respondents

JUDGEMENT

(1.) We are of the view that, in both these matters, the Tribunal has failed to consider whether the imported goods in question can be said to be plant and, therefore, within the meaning of the definition of "capital goods" under the relevant notifications. The argument in this behalf was advanced on behalf of the appellants but does not appear to have been considered in any detail. The civil appeals are allowed. The orders under appeal are set aside. The appeals before the Tribunal are restored to its file to be heard and disposed of afresh with due regard to what is stated in this order. This may be done expeditiously.

(2.) No order as to costs.