2009 (6) TMI 594

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..... application for stay, also dismissed - G.A. No. 874 of 2009 and CEXA No. 24 of 2009 - - - Dated:- 10-6-2009 - Subhro Kamal Mukherjee and Sankar Prasad Mitra, JJ. REPRESENTED BY : Shri Kausik Kanti Maiti, Advocate, for the Appellant. [Order]. - This is an appeal against the judgment and order dated October 13, 2008 passed by the Customs, Excise and Service Tax Appellate Tribu .....

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..... action after a decision by the Commissioner on the matter of abatement. 5. The department preferred an appeal before the Tribunal. The Tribunal, also, dismissed the appeal by the department. 6. We are of the opinion that the Appellate Authority as also the Tribunal took reasonable view in the matter. When the request for abatement is pending, the department ought not to have raised a d .....

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