2009 (7) TMI 805

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.....L. Shah, AGP, for the Respondent. [Order per : K.S. Jhaveri, J. (Oral)]. -  By way of this petition, the petitioner has prayed to quash and set aside the order dated 16-4-2009 passed by the Customs, Excise & Service Tax Appellant Tribunal, West Zonal Bench, Ahmedabad [for short, 'the Appellate Tribunal'] in Application No. E/ROA/1164 of 2008 in Appeal No. E/931 of 1997 [2009 (241) E.L.....

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....e and Customs, Vadodara, Respondent No. 3 herein, passed the order dated 14-2-1997, whereby, an amount of Rs. 44,53,487.65 was ordered to be recovered from the petitioner-Company towards central excise duty and a penalty of Rs. 2,00,000/- was also imposed on the petitioner-Company under Rule 173Q of the Central Excise Rules, 1944. 2.2 Against the said order, the petitioner-Company preferr....

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....tion No. E/ROA/1164 of 2008 in Appeal No. E/931 of 1997 for restoration of the main appeal before the Appellate Tribunal. The Appellate Tribunal, after hearing both the sides, dismissed the application vide order dated 16-4-2009. Being aggrieved by the same, the petitioner-Company has preferred the present petition. 3. Heard learned counsel for the respective parties and perused the docum....