2011 (2) TMI 850

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....enior Standing Counsel for the appellant.   ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the revenue under Section 35G of the Central Excise Act, 1944 against order dated 28.1.2010 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi claiming following substantial question of law:-   "i) Whether the Hon'ble Tribunal is right in rejecting the ap....

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....e Tribunal, inter-alia, observed:-   "The department deserves to be complimented for their perseverance as the Tribunal's decision dated 4.7.2008 in the previous set of proceedings on the main issue is in favour of the party, the question of allowing this appeal of the department does not arise."   In spite of the above observations, the department has chosen to file the appeal in ....