2011 (4) TMI 1191

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.... vide order dated 28.3.2006 confirmed the demand and imposed penalty on the respondents M/s.Kundan Castings Pvt.Ltd. On appeal, the Commissioner (Appeals) has set aside the order of the original authority vide his order dated 28.7.20076. On appeal by the department, the Tribunal has dismissed the Revenue's appeal. 3. The order of the original authority dated 28.3.2006 was also reviewed by the Com....

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....o account relevant judicial pronouncements in the case is not correct." 4. It is not disputed that the order of the original authority dated 28.3.2006 stands set aside by the Commissioner (Appeals) vide order dated 28.7.2006 and the Revenue's appeal to the Tribunal stands dismissed vide order dated 28.1.2008 of the Tribunal. Under these circumstances, the question of Commissioner (Appeals), setti....