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CX - Revenue is unaware about disposal of appeal - Misc. application for re-calling of order is infructuous and, therefore, dismissed: CESTAT

By TIOL News Service

MUMBAI, JULY 04, 2015: CCE, Nasik filed a Misc. Application for recalling of the Tribunal Order dated 11.02.2014 and for passing appropriate order.

The respondent submitted that the appeal has been disposed of by the Tribunal in second round of appeal by Order dated 04.09.2014. And, therefore, the present application of Revenue is not maintainable.

The AR fairly conceded.

Therefore, the Bench observed - "…I find that it is apparent from the records that the revenue is unaware about the disposal of the appeal in the second round by this Tribunal by order dated 04.09.2014".

Holding that the application filed by the revenue is infructuous, the same was dismissed.

(See 2015-TIOL-1325-CESTAT-MUM)


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