2008 (10) TMI 368

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....an Satapathy, Member (T) and Shri D.N. Panda, Member (J) REPRESENTED BY :        S/Shri J.A. Khan, SDR and S.B. Shinde, JDR, for the Appellant. S/Shri Dr. Samir Chakraborty, A.D. Ray, N.K. Chowdhury, Advocates and D.K. Saha, Consultant, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. -  Heard both sides. 2. All thes....

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....d the Departmental Appeals, filed against the Commissioner (Appeals') Order, require to be allowed. 4. Dr. Samir Chakraborty, learned Advocate appearing for the Respondents, M/s. Saregama India Ltd. states that the issue has been decided by the Hon'ble Gujarat High Court in the case of C.C.Ex, Ahmedabad-I v. Medico Labs. - 2004 (173) E.L.T. 117 (Guj.) on the basis of the Hon'ble Supreme C....

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....e jurisdicational High Court against the Orders of this Bench. He further states that the Principal Bench of the Tribunal at Delhi has passed a detailed Order in the case of C.C.Ex, Kanpur v. Garlon Polyfab Ind. Ltd. - 2008 (222) E.L.T. 128 (Tri.-Del.), in which after noting the cited decision of the Hon'ble Punjab and Haryana High Court in the case of B.C. Kataria, the cited decision of the Hon'b....

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....is issue from any Larger Bench of the Hon'ble Supreme Court has also been cited before us. We also note that except for these Appeals filed by the Commissioner of Central Excise, Kolkata-III, none of the other Commissioners in Kolkata or outside Kolkata in the Eastern Zone in the jurisdiction of this Bench have questioned the power of the Commissioner (Appeals) to remand cases. Under the circumsta....