2010 (2) TMI 1154

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..... treated as export - refund allowed. - Civil Application No. 213 of 2008 in Tax Appeal No. 968 of 2008 - - - Dated:- 5-2-2010 - K. A. Puj and Rajesh H. Shukla, JJ. ORDER While rejecting the application, the High Court passed the following oral order : The applicant, Commissioner of Central Excise, Surat has filed this application praying for stay against the operation, implementati .....

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..... e CESTAT has relied on its own order in the case of Amitex Silk Mills v. CCE. The Revenue has challenged the said order of CESTAT before the Apex Court and though the appeal was admitted by the Apex Court, the stay was not granted. In that view of the matter, there is no question of granting any stay against the order of CESTAT. This application is therefore rejected. Office is directed .....

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