2006 (3) TMI 408

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..... for the Appellant. Shri Uday Kumar, JDR, for the Respondent. [Order]. Heard Shri Chandranath Mukherjee, ld. Advocate alongwith Smt. Rekha Ghosh, ld. Advocate, on the stay application filed by the appellants. He submits that they have purchased the capital goods in the year, 2002-2003, on which they have paid Central Excise duty of Rs. 2,66,017/-. They are eligible to take 50% Modvat .....

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..... oth sides. Both sides could not clarify that whether the final order has been passed by the Commissioner (Appeals) or the Commissioner (Appeals) has been passed any subsequent order. The appeal against the intermediate order is not maintainable with the Tribunal. I direct the Commissioner (Appeals) to pass the final order, if he has not done so. Appeal is disposed of as non-maintainable. SP also g .....

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