2014 (7) TMI 882

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....ing Counsel For the Respondent : No appearance - R1 JUDGMENT (Judgment of the Court was delivered by R. Sudhakar,J.) This Civil Miscellaneous Appeal has been filed against the Final Order No.480 of 2007 dated 04.05.2007 on the file of the CESTAT. This Court, by order dated, 06.12.2007 admitted this appeal on the following substantial question of law: "Whether the Tribunal is right i....

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....w cause notice. Aggrieved by the said order of the Tribunal, the Revenue has filed the present appeal. 3. The Supreme Court in the case of Union of India V. Rajasthan Spinning and Weaving Mills reported in JT 2009 (7) SC 314 - 2009 (238) E.L.T. 3 (S.C.) has clearly held that mere payment of differential duty whether before or after the show cause notice would not alter the situation and they wo....