2008 (6) TMI 49

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....tioner. Shri A. Rajashekar Reddy, A.S.G., for the Respondent. [Order per: T. Meena Kumari, J. (Oral)]. - Seeking a writ of certiorari to quash the order dated 9-5-2008 made in E/ROM/103/2007 in E/636 to 641/2006 by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore, and to direct the Tribunal to dispose of the said application on merits, the petitioner filed....

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...., the respondent had taken up the matter for de novo adjudication and confirmed the duty of Rs. 78,16,806/-, apart from interest and penalty. Therefore, the petitioner, preferred appeals to the Tribunal in CEA Nos. 636 to 641 of 2006. The Tribunal passed order dated 29-6-2007 remanding the matter to the respondent. The petitioner, noticing the mistake, filed rectification application before the Tr....

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....rt in Sree Ayyanar Spinning & Weaving Mill Limited v. Commissioner of Income Tax [2008 (229) E.L.T. 164 (S.C.)] 5. On the other hand, the learned Assistant Solicitor General of India has vehemently opposed the relief prayed contending that the Tribunal is perfectly justified in rejecting the ROM Application and the order cannot be quashed at this stage, more particular in view of the fact that ....