COLOURTEX Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition primarily and substantially challenges order dated 6/12/2005 made by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), West Zonal Bench, Mumbai as well as the reference made by Division Bench of CESTAT on 12/8/2005.

(2.) Heard Mr.K.B.Trivedi, learned Senior Advocate appearing on behalf of the petitioner and Mr.R.J.Oza, learned Additional Standing Counsel for Central Government appearing on behalf of respondent No.2. Taking into consideration the controversy and necessity of finally disposing of the question brought before the Court the petition is taken up for final hearing and disposal today. Rule. Mr.Oza waives service. BRIEF FACTS.

(3.) On 19/12/2003 vide Order-in-Original made by respondent No.2 redetermining the FOB value of the exports and consequent reduction in DEPB credit, the petitioner was held to be not entitled to the originally granted credit. The said order came to be challenged by way of an Appeal before CESTAT. On 12/08/2005 the Division Bench comprised of Vice President and Member (Technical) heard the appeal and both of them expressed differing opinions: The Vice President allowed the appeal filed by the petitioners while Member (Technical) rejected the appeal. Thereupon both of them made reference stated to be in terms of provisions of Section 129C(5)of the Customs Act,1961 (the Act). The order making the so called reference reads as under: