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1991 (7) TMI 176

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..... r the Respondent. [Order per: S.K. Venkataramani, Member (T)]. - These reference applications are said to arise from the Tribunal's order No. 113-114/90-C dated 13-2-1990. When the applications were called, the learned SDR, Shri S.K. Roy informed that he has since received instructions from the Ministry of Finance, Deptt. of Revenue, to the effect that the SLP filed by the Department on the sam .....

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..... the reply of the Deputy Govt. Advocate :- "This is w.r.t. your letter dated 26-12-1990 on the above subject. This is to inform you that the above-said SLPs have been dismissed on merits on 19-11-1990 by the Hon'ble Supreme Court after hearing at length Shri T.S. Krishnamurthy Iyer, Senior Counsel with myself and Shri A. Subba Rao, Panel Advocate, on behalf of the Department. This is for your info .....

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..... ssed. Sd/- (Harish Kr. Juneja) Court Master Sd/- (Vinod Kumar) Court Master." From the above it is clear that the highest judicial forum in the land has gone into the merits of the order of the Tribunal against which the present reference applications have been filed and has dismissed the SLP filed by the department. In such a situation, nothing survives of the reference applications which .....

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