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2008 (7) TMI 174 - HIGH COURT MADRASTribunal imposed condition of pre-deposit of fifty percent of the differential duty while remanding the matter, for setting aside the OIO – held that tribunal is not empowered to impose such a condition – tribunal, a creation of statute, is to perform its function in accordance with power conferred on it – held that liability of assessee to pay duty merged with ultimate order of setting aside of duty – moreover, appellant cannot be thrown away on ground of alternate remedy
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