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2009 (4) TMI 89 - SUPREME COURTAt the time of the assessee’s application coming up for admission before the Settlement Commission, application was allowed subject to outcome of investigation to be ordered by Commission - counter claim filed by the assessee was to be verified with reference to the facts and evidence on record – Without undertaking that exercise of verification the Settlement Commission passed a final order confirming the demand - impugned judgment of the High Court as well as the order of the Settlement Commission is set aside - Commission is directed to undertake the above exercise and dispose of the matter in accordance with law
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