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2017 (7) TMI 1207

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..... TYCON AUTOMATION PVT. LTD. VERSUS C.C.E., NOIDA [2016 (12) TMI 1456 - CESTAT ALLAHABAD] - Rule 41 of CESTAT (Procedure) Rules, 1982 - Held that:- It is clear-cut case of disobey once and non-implementation of order of this Tribunal by the Assistant Commissioner. The notice issued to the concerned Assistant Commissioner (Mr. R.A. Singh) to show cause- ‘why the proceedings for Contempt be not drawn .....

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..... e appellant will be entitled for consequential benefits, in accordance with law, including refund of amount deposited during investigation." Being aggrieved with the non implementation of the Final Order, appellant M/s. Tycon Automation Private Ltd. has filed the present application under Rule 41 of CESTAT (Procedure) Rules, 1982, stating that during investigation they had deposited an amount of & .....

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..... ow cause notice dated 2-1-2017, granted personal hearing to the appellant. It is also stated that the appellant have filed an appeal against the aforementioned Order-in-Original before the Commissioner (Appeals). 3. Under the facts and circumstances, we find that it is clear-cut case of disobey once and non-implementation of order of this Tribunal by the Assistant Commissioner. Accordingly, .....

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