TMI Blog2023 (11) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant Ms. Swati Bhardwaj, Advocate, for the Respondent ORDER The order passed by the Commissioner (Appeals) on May 17, 2018 allowing the appeal filed by the respondent in view of the decisions of the Delhi High Court and the Supreme Court has led to the filing of this appeal by the Department to assail the said order. 2. The issue that arises for consideration is as to whether the act of pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt in Union of India vs Delhi Chit Fund Association [2014 (3) TMI 306], has allowed the appeal filed by the respondent. 5. Shri S.K. Meena, learned authorized representative appearing for the Department has submitted that the order passed by the Additional Commissioner, in the facts and circumstances of the case, was justified. 6. Ms. Swati Bhardwaj, learned counsel appearing for the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particularly when it has not been demonstrated that the factual matrix of the pending case is identical to the present one."
7. In view of the aforesaid decision of the Supreme Court and in view of the decisions relied upon by the Commissioner (Appeals) in the impugned order, this appeal would have to be dismissed and is dismissed.
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