2015 (10) TMI 1352

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..... Petitioner : Shri Anand Nainawati, Advocate For the Respondent : Shri J Nagori, Authorised Representative Per : Mr.P.K. Das, The Revenue filed this appeal against the order of Commissioner of Central Excise and Customs, Surat-I, where the proceedings initiated by show cause notice was dropped. 2. After hearing both the sides and on perusal of the records, we find that the respondents were eng .....

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..... tice was issued proposing to recover the erroneous refund, paid to the respondent. By the impugned order, the Adjudicating authority dropped the proceeding, as the matter was decided by the Tribunal, against which, the Revenue filed the present appeal. 3. The relevant portion of the impugned order is reproduced below : "The decision of Hon'ble CESTAT final order No A/919&920/ WZB/AHD/2007 dtd 2 .....

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..... appeal No 1455 of 2007 (Commissioner of Central Excise & Customs, Surat I vs Krishak Bharati Co-op Ltd). The Appeal was dismissed, as the Revenue failed to produce the clearance from the Committee of Disputes as per the decision of Hon'ble Supreme Court, with liberty to apply for revival as and when clearance is obtained from the Committee. The Learned Authorised Representative submits that after .....

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