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2008 (8) TMI 34 - CESTAT, KOLKATAAppeal has been filed by the Revenue against the impugned order of the adjudicating Commissioner pursuant to the order in Review passed by CBEC – adjudication order has been passed relying on the decisions of tribunal in similar cases – decisions of tribunal in those cases have attained finality as dept. not filed appeal in those relied on decisions – hence review order of CBEC directing the revenue to file appeal is not correct – adjudication order is correct, and, as per judicial discipline
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