(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr. Gaurang H. Bhatt, learned counsel for the appellant.
2. Admit. We formulate the following substantial questions of law.
"(I) Whether in the facts and the circumstances of the case, the CESTAT is justified in the eye of law in holding that the Refund-claim of Rs. 3,20,585/- filed on 14.03.2006 by the said Unit is admissible in law, irrespective of the relevant Clauses regarding the Price Adjustment Formula, as well as, the Arbitration, incorporated in the Agreement with the Power Grid Corporation of India Limited, New Delhi.?
(ii) Whether the CESTAT is justified in the eye of TAXAP/2579/2010 2/2 ORDER law, in view of the facts and the circumstances of the case, in holding that the decision in the matter of : M/s/ ECE Industries Limited. [2009(237) E.L.T 429 (Tri.-Banglore)] is squarely applicable to this case, without considering the remarkable factual difference between the nature and the recitals of the separate Agreements of both the cases and their contexts and the interpretations thereof?
3. Issue notice to the respondent. Paper book be filed within three months.
(V. M. SAHAI,J.) (N. V. ANJARIA,J.) Braj