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2010 (5) TMI 451 - CESTAT, NEW DELHIStay order - Tribunal had considered the case of the respondents on merits before grant of stay - stay granted in the peculiar facts and circumstances of the case, it cannot be said that the Tribunal forbidden from considering the matter on merits afresh Order – Reference to earlier decisions - Merely because there was reference to a reported decision dealing with various issues, the same cannot be held to have been made the basis for the decision in the case unless the issues which arise for consideration are also the issues which were decided in the reported decision – order cannot be said to be based on those decisions unless they also dealt with same issue - reference to those decisions cannot mean that order ignored issues framed therein and influence it - Such issues to be decided independently in accordance with the provisions of law and depending upon the facts of the cases
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