1990 (1) TMI 254

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....R, for the Respondent. [Order per : T.P. Nambiar, Member (J)].  - This Reference Application has arisen out of the Order No. 185/Cal/1989 -185 dated 17th August, 1989 passed by this Tribunal disposing of Appeal No. E-127/88. The applicants in the Reference Application, were respondents in the Appeal before the Tribunal. 2. During the course of original proceedings, the applicants vix....

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....firmed the decision of the Supreme Court in the case of Miles India Ltd., Baroda v. Appellate Collector of Customs, Bombay, reported in 1987 (30) E.L.T. 641 (S.C.) = 1985 ECR 289 SC. 3. Shri N. Mookherjee, the learned Consultant appearing on behalf of the applicants, contended that a point of law has arisen out of the order of this Tribunal, wherein, inter alia, this Tribunal had held that sinc....

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...., a point of law has arisen out of the order of this Tribunal dated 17th August, 1989 referred to supra. In this connection, we would like to refer to another similar matter, wherein the Hon'ble High Court of Calcutta vide Order No. 7933 dated 7-9-1989 in Matter No. 761 of 1984 [Arising out of Order No. 459/Cal/83-2891 dated 25-11-1983 in R.A. No. 10/83, arising out of Order No. 278/Cal/83-1595 da....