- (1.) This matter was admitted for hearing on two points viz (1) Whether on the facts and in the circumstances of the case the Tribunal was right in law in setting aside the order of the Collector dated 31st October, 1986 and directing refund with interest? (2) Whether on the facts and circumstances of the case the learned Tribunal was right in law in transferring the cross objection to be decided by the Special Bench of the Tribunal?
(2.) We are told by the learned Counsel for both the parties that during the pendency of the matter the Special Bench of the Tribunal has already decided the cross objection and also the separate appeal filed by the department as there has been no stay order granted by this Court. In view of the factual position point No. 2 has now become infructuous. Therefore, no decision is required to be given on this point.
(3.) After going through the entire impugned judgment and order in this matter it appears to us that the only reason to set aside order of the Collector imposing penalty was the judgment of the Supreme Court rendering decision in B. Vijay Kumar & Co. v. Collector of Central Excise and Customs,1991 33 ECR 669 (S.C.);