2009 (2) TMI 536

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..... Revenue s appeal is that the learned Appellate Authority should not have granted partial relief to the Respondent instead of dismissing its Appeal. Shri Atul Gupta, learned Authorized Representative who has undertaken to file his authorization argues that the learned appellate authority has correctly passed the order and in support of his argument, he submits the decision in their own case in E/Ap .....

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..... shall meet legal scrutiny by the higher authority/Court. The present impugned order suffers from legal infirmity in the manner aforesaid. This is required to be stated in view requirement of Section 35A(4) of the Central Excise Act, 1944. The said sub-section categorically requires the Commissioner (Appeals) to dispose of the appeal in the manner laid down by law. 3. In view of the aforesaid obs .....

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