(1.) THIS matter has been referred to the Larger Bench for resolving the conflicting views as held in the case of Goodluck Industries v. Commissioner of Customs, Calcutta [1999 (108) E.L.T. 818 (Tribunal)] and in the case of Commissioner of Customs v. Special Steels Ltd. [2004 (163) E.L.T. 242 (Tri. -Mumbai) respectively by the two Division Benches of this Tribunal, over the same issue.
(2.) THE issue, over which the controversy has arisen, is as follows :
(3.) THE facts involved in the appeal in a nutshell may be stated as follows.