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TMI Blog2018 (3) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... that: - there was no stay order for implementation to said Final Order dated 07.12.2001 and, therefore, the said Order-in-Original dated 06.01.2003 was sustainable. - appeal dismissed - decided against Revenue. - APPEAL No. E/542/2012-EX[DB] - FINAL ORDER NO. 70314/2018 - Dated:- 16-1-2018 - MR. Ashok Jindal, Member (Judicial) AND MR. Anil G. Shakkarwar, Member (Technical) Shri Gyanendra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal) challenging the said Order-in-Original dated 06.01.2003 on the ground that the said Final Order dated 07.12.2001 was not accepted by Revenue and Reference Application was filed before the Hon ble High Court of Allahabad. Learned Commissioner (Appeals) decided the appeal through impugned Order-in-Appeal wherein he has held that there was no stay order for implementation to said Final Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 01/2002. He has submitted that the ground on which the appeal was filed does not any more sustain and, therefore, the Revenue s appeal may be dismissed. 6. Having considered the rival contentions and on perusal of copy of the said order dated 09.01.2017 we hold that there is no merit in the appeal filed by Revenue. We, therefore, dismiss the appeal filed by the Revenue. (Dictated and pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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