2009 (3) TMI 674

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..... for the Respondent. [Order]. - The appellants have filed the present ROM application in the Tribunal's Order No. A/1702/WZB/AHD/2008, dt. 18-8-08. The said order was passed on an appeal filed by Revenue against the order of the Commissioner (Appeals), vide which he has reduced the penalty of Rs. 75,000/-. By taking note of decision of Hon'ble High Court of Delhi in the case of CCE v. Malbro Ap .....

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..... order by the original adjudicating authority. As such, their prayer in the cross objection is that the penalty of Rs. 75,000/- should have been further reduced to Rs. 58,717/-. 3. Registry has now placed the cross objection before me. I agree with the assessee that such cross objections should have been disposed off along with Revenue's appeal by treating the same as appeal by the assessee. .....

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