2011 (1) TMI 851

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..... J. Sankaram, Advocate for the appellant. Shri M. M. Ravi Rajendran, DR for the revenue. Per Shri M. V. Ravindran (Oral) This stay petition is filed by the applicant for staying the operation of the impugned order. After hearing both sides on the stay petition, we find that the appeal itself can be disposed of at this juncture. Hence, after disposing of the stay petition, we take up the appeal f .....

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..... the case of MIL India Ltd. Vs. CCE, Nodia reported in 2007 (210) ELT 188 (SC) the powers to remand the matter back to the Adjudicating Authority no longer vests with the Commissioner (A). In view of this, the impugned order is set aside and the matter is remitted back to the Commissioner (A) to decide the matter within the available records in his office. Before coming to a conclusion, the learned .....

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