(1.) Rule. Heard forthwith.
(2.) It is not necessary to set out the facts in detail. The issue is squarely covered by the judgment of this Court in Arviva Industries (I) Ltd . v.Union of India, 2004 167 ELT 135.
(3.) Revenue aggrieved, preferred an appeal to the Supreme Court. That appeal was dismissed. The judgment is reported in Union of India V/s. Arviva Industries (I) Ltd., 2007 209 ELT 5.