2008 (8) TMI 139

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...., for the Appellant. Shri Sanjay Kumar, DR, for the Respondent. [Order per: S.N. Jha, President]. - By this application purportedly filed as an application for rectification of mistake under Section 35C(2) of the Central Excise Act, 1944, the applicant in effect and substance seeks review of the stay order dated 25-4-2008 [2008 (11) S.T.R. 485 (Tribunal)] on the ground that while dealing wit....

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.... 1985 (151) ITR 584, wherein it has been held that where a case is decided on difference of opinion by third Member it would amount to decision by a three Member Bench. Be that as it may, we are of the view that a speaking order having been passed, after full hearing, rightly or wrongly, the remedy of the applicant was/is by way of a writ petition, if so advised, in the High Court, and the subsequ....