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2008 (5) TMI 59 - CESTAT, CHENNAIRange officer proceeded against assessee to recover demand and penalty even after tribunal’s final order setting aside the Commissioner’s order sustaining the demand raised by original authority - Tribunal’s final order setting aside the Commissioner’s order & requiring the lower appellate authority to pass fresh order had the effect of setting aside the demand itself and has the effect of stay of recovery till final disposal of the assessee’s appeal – action of range officer is not justified
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