2009 (12) TMI 742

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....is that law laid down by Hon'ble High Court of Bombay in Lloyds Steel Industries Limited v. Union of India reported in 2005 (183) E.L.T. 351 (Bom.), Larger Bench decision in the case of Noble Drugs Ltd. v. CCE, Nasik - 2007 (215) E.L.T. 500 (Tri.-L.B.) and Division Bench decision in the case of Heavy Engineering Corporation Ltd. v. CCE, Ranchi - 2008 (230) E.L.T. 179 (Tri.-Kolkata) was not followe....

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..... 3. The prayer of the appellant is for expunging that portion of the order of the authority below holding that duty during forfeiture period shall be dischargeable from account current. The proposition of the ld. Counsel has force of law. Normally when an academic question arises, courts do not entertain such appeal. But an order suffering from legal infirmity and departing from judicial indisci....