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2010 (2) TMI 488 - HC - Central ExciseRemand of the group of appeal - on interim application of some of the parties to appeal, entire groups of appeal remanded by Tribunal without affording any opportunity in other appeal to appellant department. Held that - right of appeal of department, as provided by statute, was negated in other appeal which was decided without considering their merits. Facts in interim applications in cases where remand was ordered may not be applicable in other appeals, and they could not be decided in such cavalier fashion. Even though issue may be similar or identical, they have to be considered on basis of facts, pros/cons, submissions, material/evidence, and thereafter decision taken.
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