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TMI Blog2021 (12) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... on the findings of the Tribunal without basis in terms of the judgment of this Tribunal passed in the case of COMMISSIONER OF C. EX., JAIPUR-I VERSUS MELCON [ 2007 (3) TMI 459 - CESTAT, NEW DELHI] which is filed by learned AR Shri Sanjay Hasija at Annexure-H of his additional submission dated 10.02.2021 and in imposing a cost on the Commissioner Manpreet Arora for filing such frivolous applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Ankita Vashistha, Advocate for the Appellant Shri Sanjay Hasija, Authorized Representative for the Respondent ORDER PER : DR. SUVENDU KUMAR PATI ROM Application dated 08.06.2021 which was heard on 08.10.2021 is taken up for order. 2. At the outset, it is to be placed on record that this application is not in the form of a rectification application but filed like an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the judgment of Yapp India Automotive Systems Private limited at para (iv) and stating it as per in-curium as well as contrary to the statutory provisions is against the principle of judicial ethics and binding precedent since no letter patent appeal is available in CESTAT for determination by the Division Bench about the legality of the order passed by a single member and in case of a different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is filed on frivolous ground there is a requirement of putting a restraint on such unethical practice of casting aspersions on the findings of the Tribunal without basis in terms of the judgment of this Tribunal passed in the case of Commissioner of Central Excise, Jaipur-I Vs. Melcon, reported in 2007 (213) E.L.T 234 (Tri.-Del.) which is filed by learned AR Shri Sanjay Hasija at Annexure-H of h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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