2010 (4) TMI 397

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..... 5(25) of the Finance Act, 1994? Held that- as the decision on which the Tribunal reversed by High Court thus the matter has been remanded back to reconsider the entire issue. - 50 of 2006 - - - Dated:- 1-4-2010 - ST K.L. Manjunath and B.V. Nagarathna, JJ. REPRESENTED BY: Smt. S. Nagamani for Latha Prasad, for the Appellant. S/Shri G. Shivadass with B. Anil Kumar, for the Respondent. .....

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..... he case of Mahavir Generics [2006 (3) S.T.R. 276 (Tri.- Del.) = 2004 (170) E.L.T. 78 (Tri. - Del.)}, when the facts are not identical and the legality of CESTAT's order in the case of M/s. Mahavir Generics is pending decision before Hon'ble High Court? 2. During the course of the arguments it is submitted by the learned counsel for the appellant that the order of CESTAT has been made by followin .....

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..... and having perused the material on record it is noted that in the impugned order the tribunal has al lowed the appeal of the assessee by following the decision in the case of Mahavir Generics v. CCE which decision has been reversed by this court in the case of Commissioner of Central Excise, Bangalore v. M/s. Mahaveer Generics, in CEA 6/04 by order dated 24-11-2009 [2010 (17) S.T.R. 225 (Kar)]. Un .....

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