IN THE HIGH COURT OF JUDICATURE AT BOMBAY, while deciding on 19.11.09 the writ petition no. 8185 of 2009 in re: TATA MOTORS LTD vs UNION OF INDIA, it was observed as follows:-

QUOTE: We are at pains to understand the approach of the learned Tribunal. Judgements of high Courts considering judicial discipline have to be followed by the Courts subordinate to the high Court. Failure to do so would result in JUDICIAL MAYHEM. Subordinate courts are bound to follow the judgements unless there be a subsequent judgement of a Higher Court which has taken a view different from the view earlier expressed. In this case, we find that the judgement in the case of AMRIT PAPER vs COMMR. OF C.EXCISE, LUDHIANA [2006-200-ELT-365-SC] cannot be said to have decided the controversy of availing Cenvat credit for jobwork. UNQUOTE

[for full text of the judgement please visit http://www.taxesinindia.com and click on the citation taxind_2009_hc_om_8185]

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