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2019 (12) TMI 472 - HC - Central ExciseMaintainability of appeal - Clandestine removal - refund of duty - Assessee states that in compliance of fresh order passed by the learned Tribunal, the amount of claimed refund already stands sanctioned by the Department vide order dated 31.07.2019 passed by the Adjudicating Authority. Hence it is claimed by the respondent- assessee that the present appeal would not survive in the facts of the case. In response counsel for the appellant submits that the department is in process of filing an appeal against the fresh order dated 15.05.2019 passed by the Tribunal. HELD THAT:- It is not disputed that nothing more survives in this appeal - the appeal is disposed of having been rendered infructuous.
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