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2017 (1) TMI 375 - AT - Central ExciseMaintainability of appeal - Held that: - since lower authority had not decided the appeals and had ordered for transfer of the appeals to the call book to be recalled after the matter is decided finally in view of the pendency of the department's appeal before the Hon’ble High Court at that time. Today, when the matter was called, Ld.Counsel appearing on behalf of the Respondent submitted that the said Appeal of the department has already been dismissed by the Hon’ble High Court in their own case. Keeping in view the overall facts and circumstances of the case, as narrated above, this Appeal is also liable to be dismissed - appeal dismissed as not maintainable.
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