2001 (6) TMI 787

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..... application filed by the Department claims that certain question of law had arisen out of Final Order No. A/90/1997-NB dated 10-2-1997 passed by this Tribunal in Appeal No. E/1278/93-NB and that such question requires to be referred to the jurisdictional Higth Court under Section 35G of the Central Excise Act. 2. As per the Final Order ibid, the Tribunal had allowed deemed Modvat credit to the .....

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..... rtment filed an ROM application in November 1998 on the basis of legal advice to the effect that an ROM application was more appropriate than a reference application on the subject. Ld. DR further submits that the ROM application was dismissed by this Tribunal. On examination of the records, I find that the ROM application referred to by ld. DR was dismissed by this Tribunal as per order dated 5-1 .....

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