2018 (5) TMI 15

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....or Panel Counsel, for the Respondent. ORDER Heard Mr. Cynduja Krishnan, Learned Counsel for the petitioner and Mr. A.P. Srinivas, Learned Senior Standing Counsel appearing for the respondents and carefully perused the materials placed on record as well as the counter affidavit filed by the respondents. 2. The petitioner has filed this writ petition challenging the Order-in- Original ....

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....issue in respect of the petitioner's sister concern is pending before the Commissioner of Central Excise (Appeals) and requested postponement of the hearing. This communication is dated 6-6-2003. However, the 1st respondent did not await the decision of the Commissioner of Central Excise (Appeals), but passed the impugned order. The Commissioner of Central Excise (Appeals), in an identical case, b....

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....peals), the petitioner approached the respondents to restore their application for refund of the duties paid under Chapter 96.16 of the Central Excise Act. For the subsequent clearances effected, the original authority passed Order-in-Original No. 2/2004, dated 19-2-2004 and accepted the classification as contended by the petitioner and ordered refund of the excess excise duty and excess SAD paid ....