2007 (7) TMI 533

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..... e, for the Respondent. [Order]. - Interim stay is sought of the operation of the order of the Commissioner (Appeals) by which he has remanded the matter to the adjudicating authority. The learned authorised representative for the Department points out from the memo of appeal the reference made to the decision of the Hon ble Punjab and Haryana High Court in CUSAP No. 20 of 2006 holding that .....

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..... that the Commissioner (Appeals) has no power to make the order of remand. Even if there is conflict of decisions between of the two High Courts on the question whether the remand can be made, this is not a fit case for granting stay, at this stage. The stay application is, therefore, rejected. The appeal will be posted for final hearing in its due course. (Order dictated and pronounced in open C .....

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