https://www.taxtmi.com/caselaws?id=204615 Withdrawal of an appeal against a provisional determination of annual capacity did not bar a later challenge to the final determination, because the final order constituted a separate adjudication and gave rise to an independent cause of action. The earlier withdrawal therefore could not be treated as a waiver of the right to question the subsequent final order. On that basis, the dismissal of the later appeal solely for want of maintainability was unsustainable, and the matter was remanded for fresh consideration on merits. en-us Sat, 25 Sep 2010 00:00:00 +0530 Thu, 23 Feb 2012 17:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=204615 Withdrawal of an appeal against a provisional determination of annual capacity did not bar a later challenge to the final determination, because the final order constituted a separate adjudication and gave rise to an independent cause of action. The earlier withdrawal therefore could not be treated as a waiver of the right to question the subsequent final order. On that basis, the dismissal of the later appeal solely for want of maintainability was unsustainable, and the matter was remanded for fresh consideration on merits. Case-Laws Central Excise Sat, 25 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=204615