AMOD STAMPINGS PVT. LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) We have heard Mr. Uday Joshi, learned counsel for M/s. Trivedi and Gupta for appellant and Mr. R.J. Oza, learned counsel assisted by Ms. Rujuta Oza, learned counsel appearing for the respondent. This tax appeal has been admitted by the Court on the following substantial questions of law arising in this tax appeal.

(2.) The facts are not disputed that there was difference of opinion between two learned Members of Division Bench. In view of Section 129C(5) of the Customs Act, 1962 ('the Act' for sake of brevity) in case of difference of opinion between two Members of the Tribunal, the point of difference of opinion was required to be stated by the Members and thereafter the matter was to be decided by a third Member.

(3.) To be precise, the relevant part of Section 129C(5) of the Customs Act, 1962 reads as under: