2010 (7) TMI 420

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..... ate, for the Appellant. Shri R.K. Gupta, DR, for the Respondent. [Order (Oral)]. - Heard the learned advocate for the applicants and the learned DR for the respondent. 2. The contention of the applicants is that, the appeals filed by the applicants against the order passed by the lower authority were dismissed under order dated 4th September, 2008 without considering a very important po .....

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..... nbsp;    Banco Products (India) Ltd. v. CCE & C, Vadodara, 2008 (232) E.L.T. 762; (iii)      CCE, Indore v. Kapil Steel Ltd., 2008 (226) E.L.T. 627; (iv)      U.P. Alloys P. Ltd. v. CCE, Kanpur, 2007 (213) E.L.T. 412; (v)        CCE, Siligut v. Asha Ispat P. Ltd., 2006 (205) E.L.T. 324; (vi)&nbs .....

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..... is pertinent to note is that, neither the applicants had filed any affidavit before the Hon'ble Member who had disposed of the matter on 4th September, 2008 specifying that the point in question was specifically raised along with the citations and yet it was not considered by the Tribunal nor even in the ROM applications there is any categorical assertion to that effect. Whether particular point w .....

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