1 cexa-269.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 269 OF 2007 The Commissioner of Central Excise, Mumbai-II. ... Appellant. V/s. M/s.Alka Chemical Industries. ... Respondents. R.G.Bhat for the appellant. M.H.Patil for the respondent. CORAM : V.C.DAGA AND R.M.SAVANT, JJ. DATED : 21st September 2010. P.C. : Heard learned counsel for the rival parties. 2. By consent of parties, the impugned order is set aside and the proceedings are remitted back to the Tribunal for consideration afresh in the light of the subsequent judgments of Apex Court in the cases of Union of India v. Dharmendra Textile Processors, 2008 (231) ELT 3 (SC) and Union of India v. Rajasthan Spinning and Weaving Mills, 2009 (238) ELT 3 (SC). The Tribunal is directed to decide 2 cexa-269.07 the matter as expeditiously as possible, at any rate, within three months from the date of receipt of this order. All rival contentions are kept open. 3. Appeal is disposed of in terms of this order with no order as to costs. (R.M.SAVANT, J.) (V.C.DAGA J.)