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2008 (6) TMI 45 - AT - Central ExciseCommissioner sanctioned refund in consonance with the tribunal’s finding that incidence of duty has not been passed – Dept. filed appeal in the HC challenging the order of the Tribunal along with stay but no interim order passed by HC – held that challenge to the order of the Commissioner is totally misplaced - held that passing any order of stay will virtually amount to reviewing the previous order which is not permissible – revenue’s appeal dismissed along with stay application
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