PRINCIPAL COMMISSIONER OF CGST Vs. ICICI BANK LTD.

JUDGEMENT

(1.) Heard learned counsel for the appellant/revenue and learned counsel for the respondents.

(2.) These appeals raise the following common question of law:

(3.) The appeals arise from a common order dtd. 12/2/2019 passed by the Customs, Excise and Service Tax Appellate Tribunal (for short "the Tribunal"). We are informed that the respondents/assessees, being aggrieved by the orders passed by the Tribunal, had approached this Court in a batch of appeals in Central Excise Appeal No. 148 of 2019 ( Bank of Maharashtra vs. Commissioner, CGST & CX, Pune-II ) & Other Appeals, which came to be allowed by an order dtd. 22/9/2020 passed by a co-ordinate Bench of this Court. Such appeals of the assessees were decided taking into consideration the decision of a Larger Bench of the Tribunal in the case of South Indian Bank vs. Commissioner of Customs, C.Ex. & ST, Calicut , 2020 (41) G.S.T.L. 609. In such order, this Court observed that in view of the decision rendered by the Larger Bench of the Tribunal, the order as impugned in the appeals filed by the assessees, (being the very same order as impugned in the present proceedings) could not be sustained and the same was required to be set aside, with a further direction that the appeals of the assessees on remand be decided afresh in the light of the decision rendered by the larger bench of the Tribunal in South Indian Bank (supra). It is not in dispute that on the appeals filed by the respondents/assessees, similar orders were passed by a co- ordinate Bench of this Court.