I am directed to refer to Circular No. 784/17/2004-CX dated 30.04.2004 on the above subject which directed the filed formations to keep show cause notice pertaining to above issue pending until the department's SLP was finally decided by the Hon'ble Supreme Court.

2. The SLP of the department has since been decided by the Hon'ble Supreme Court vide its order dated 16.7.2004 and the order has been accepted by the Board.

3. In view of the above, Circular No.784/17/2004-CX dated 30.04.2004 is hereby withdrawn and pending cases may be adjudicated in the light of the Hon'ble Supreme Court's decision.

4. Receipt of this circular may be acknowledged.

5. Hindi version will follow.

F.No. 336/1/2004-TRU

Sd/-
(Alok Shukla)
Director (Tax Research Unit)