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2017 (11) TMI 1749 - AT - CustomsReview petition stay application - Held that - Identical issue decided in the case of COMMISSIONER OF CUSTOMS (PORT) , KOLKATA VERSUS M/S. ENTERPRISE INTERNATIONAL LTD., M/S. AAHANA COMMERCE PVT. LTD., M/S. CHEMSILK COMMERCE PVT. LTD. 2016 (9) TMI 74 - CESTAT KOLKATA , where it was held that In view of dismissal of the review petition of the department by Apex Court by order dated 15.07.2016, appeals filed by the department are not sustainable - appeal dismissed - decided against Revenue.
The appeal was filed against Order-in-Appeal No.KOL/CUS(PORT)/AA/347-350/2016 dated 29.12.2016. After hearing both sides, the Tribunal found no reason to interfere with the impugned order and dismissed the appeal filed by the department. The decision was based on a similar case where relief was granted to the appellant following a Supreme Court decision.
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