2009 (4) TMI 568

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..... the Appellant. Shri Sunil Kumar, DR, for the Respondent. [Order per : D.N. Panda, Member (J)]. When the matter was taken up yesterday, we have noticed that Bench which has dealt with the appeal of the assessee had confirmed part of adjudication in terms of para-10 of the order setting aside the rest of the part of order. We have noticed that Revenue had also filed its appeal subsequ .....

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..... e order passed by the earlier Bench in the appeal case of the assessee. That matter having decided the issue in totality, we do not have any more controversy left open for decision. Therefore we do not propose to dialate the matter further but note laxity of both sides. This presses us to dismiss the appeal of Revenue. We dismiss the appeal accordingly with a direction to learned CDR to evolve pro .....

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