2009 (4) TMI 89

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..... ocate, Ms. Purnima Bhat Kak, C.V. Subba Rao, Ms. Anil Katiyar and B.V. Balaram Das, Advocates, for the Respondent. [Order].- Leave granted. 2. In this case at the time of the assessee's application coming up for admission before the Settlement Commission, the following order was passed: "On examining the submissions made by both sides, we find that the applicant satisfies the conditions contain .....

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..... Excise Act, 1944. The admitted amount of Rs. 12,13,611/-, may be appropriated from the advance payment of Rs. 15,00,000/- made by the applicant company." 3. As can be seen from the above quoted para, counter claim filed by the assessee was to be verified with reference to the facts and evidence on record leading to the issuance of Show Cause Notice. 4. Without undertaking that exercise the Sett .....

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