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2006 (11) TMI 664 - CESTAT NEW DELHIExtract: .......peal is accepted by the Commissioner after such acceptance, Commissioner become functus officio and was disabled to file appeal against order-in-appeal. In these circumstances, we find there is no reason to condone the delay in filing the appeal. The COD application as well as appeal is dismissed. Dictated and pronounced in open Court on 1.11.2006.
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