TMI Blog2010 (7) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is dismissed - E/3695-3696/2006-SM - 202-203/2010-SM(BR)(PB) - Dated:- 29-7-2010 - Justice R.M.S. Khandeparkar, President REPRESENTED BY : Shri R. Santhanam, Advocate, for the Appellant. Shri R.K. Gupta, DR, for the Respondent. [Order (Oral)]. - Heard the learned advocate for the applicants and the learned DR for the respondent. 2. The contention of the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made to the decisions in the matter of : (i) Comm. of C.Ex., Vadodara v. Air Command India Ltd., 2008 (230) E.L.T. 152; (ii) Banco Products (India) Ltd. v. CCE C, Vadodara, 2008 (232) E.L.T. 762; (iii) CCE, Indore v. Kapil Steel Ltd., 2008 (226) E.L.T. 627; (iv) U.P. Alloys P. Ltd. v. CCE, Kanpur, 2007 (213) E.L.T. 412; (v) CCE, Siligut v. Asha Ispat P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicants had filed any affidavit before the Hon'ble Member who had disposed of the matter on 4th September, 2008 specifying that the point in question was specifically raised along with the citations and yet it was not considered by the Tribunal nor even in the ROM applications there is any categorical assertion to that effect. Whether particular point was raised before the Tribunal or not is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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