2010 (4) TMI 397

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.... for the Appellant. S/Shri G. Shivadass with B. Anil Kumar, for the Respondent. [Judgment per: B.V. Nagarathna, J]. - This appeal is filed by the Revenue by challenging the order dated 22-11-2005 passed by CESTAT in Final Order No. 1920/2005 [2006(1) S.T.R. 274 (Tribunal)] by raising the following substantial questions of law: 1. Whether the CESTAT is legal and correct in holding that the....

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....learned counsel for the appellant that the order of CESTAT has been made by following the decision in the case of M/s. Mahavir Generics and that since the said decision has been reversed by this court in CEA No. 6/2004 dated 24-11-2009, [2010 (17) S.T.R. 225 (Kar)] order of the Tribunal impugned in this appeal has to be set aside on the said short ground. 3. Per contra, counsel for the responde....

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....aveer Generics, in CEA 6/04 by order dated 24-11-2009 [2010 (17) S.T.R. 225 (Kar)]. Under the circumstances, the Tribunal's order by relying on its decision in M/s. Mahaveer Generics calls for interference in this appeal. In the circumstances, matter has to be remanded back to the tribunal to re-consider the entire issue in the light of the order passed by this court in CEA No. 6/04 dated 24-11-20....