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2013 (6) TMI 363 - CESTAT CHENNAIRecovery of erroneous refund - Held that:- the main contention of the learned counsel is that the Commissioner (Appeals) passed the order without considering the order of the Tribunal. In this context, the learned AR submits that the departmental appeal before the Hon’ble High Court is still pending and the show-cause notice was kept in call book and therefore the adjudication order should not have been passed, which has no serious objection on the part of the appellant. - demand set aside - matter remanded to original authority.
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