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2009 (7) TMI 59

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....cate for the appellant. Mr. S.K. Mishra, Standing Counsel for the respondents. [Judgment per Prafulla C. Pant, J.]. - This appeal, preferred under Section 35G of the Central Excise Act, 1944, is directed against the order dated 03.10.2007, passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi (for brevity hereinafter referred as CESTAT), in Excise Appeal No. 3106 of 2004....

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....ar before the CESTAT on the date when the mater was heard. Our attention is drawn to letter C.N. 20-CE / SS / CT-2 / R-II / 99 / 296 dated 09.04.1999 (copy Annexure -4 to the affidavit filed with the appeal) issued by the Superintendent, Customs and Central Excise, Range -II, Dehradun, whereby the appellant was directed to make deposit of the duty, refund of which is in question. Said letter conta....