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2017 (12) TMI 88

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..... CESTAT on the administrative side? - Held that: - Respondent no.1- CESTAT, has filed an affidavit through its Registrar. It is stated by the respondent that the matter was listed on the judicial side, when the two members’ Bench had referred the matter to the President on the question of jurisdiction - The explanation is also being given in view of the order passed by the Allahabad High Court date .....

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..... /2017 & CM APPL. 33748/2017 (Stay) - - - Dated:- 24-11-2017 - MR. SANJIV KHANNA MS. PRATHIBAM. SINGH JJ. Petitioners Through : Mr. J.K. Mittal, Mr.Rajvir Singh, Mr.Nikhil Kumar, Advocates. Respondents Through : Mr. Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Mr.Prateek Dhanda, Mr.Momin Khan, Advocates for R1 with Mr.Mohinder Singh, Deputy Registrar, CESTAT. Mr. Satish Aggarwala, M .....

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..... ability of the appeal in absence of mandatory deposit when the Petitioners assert that the sums already deposited by them with the Department is in excess of 7.5% of the demanded sum? 2. Respondent no.1- CESTAT, has filed an affidavit through its Registrar. It is stated by the respondent that the matter was listed on the judicial side, when the two members Bench had referred the matter to th .....

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..... rial jurisdiction of the Tribunal. Such matters cannot be decided on the Administrative side, by the Registry of the CESTAT, even when it is of the opinion that the appellants have not approached the right or correct Bench of the Tribunal having territorial jurisdiction. 6. Counsel for the petitioner has submitted that on four occasions, applications were made for inspection of files and on one .....

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