It was observed by the Hon’ble Court that when a view was taken by one bench of the CESTAT Tribunal on one issue then another view or a contrary view cannot be taken by the co-ordinate bench of the CESTAT Tribunal. Judicial discipline warranted reference of the matter to the Larger Bench. In view of the same, the Hon’ble Court held that it is also trite that when two views are possible, one which favours the Assessees has to be adopted.
SRD Nutrients Pvt Ltd v. CCE (2018) 1 Supreme Court Cases 105
Constitution of India 1949
Art .141 :Precedent – Judicial Discipline – Reference to Larger Bench in case of contradicting views. [ Central Excise Act , 1944 ]