2008 (10) TMI 42

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.... Ms. A.P. Tiwari, Authorised Departmental Representative (JCDR) for the respondent. [Order per S. S. Kang, Vice President] - The revenue filed Misc. application No.ST/M/639/08 for early hearing of the appeal.  As the appeal already listed for regular hearing, the misc. application is dismissed as infructuous. 2. Heard both sides. The appellant filed this appeal against the impugned o....

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....mmissioner (Appeals) relied upon the decision of the Tribunal in the case of Prabhat Zarda Factory (India) Ltd. (supra) which has already been over-ruled by the Larger Bench of the Tribunal in the case of L&T Ltd.(supra).  The revenue pointed out that there is another decision of the Larger Bench of the Tribunal in the case of Medpro Pharma Pvt. Ltd. vs CCE, Chennai reported in 2006 (3) STR.3....