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2008 (5) TMI 387 - AT - Service TaxAppellate Tribunal - Appeal filed by appellant was adjourned, in view of pendency of appeal in another case on same facts in High Court. Appellant filed application for modification of said order on ground that it was passed on mis-representation of facts by revenue and that there was no interim order of High Court in that regard. Appellant further prayed for return pre-deposited amount in case appeal was not heard on merit. Held that - since there was no interim order of High Court to the contrary, two vies could always be taken and it was open to Tribunal to hear appeal in such matters.
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