TMI Blog2011 (6) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal after taking note of the fact that the order dated 27.10.06 of the original authority imposing demand under Rule 27 already stands set aside by Commisioner vide order dated 31.01.07 and order of the original authority stands merged with the said order of the Commissioner (Appeals) dated 31.1.07. - appeal against order of Commissioner dated 31.01.07 stands rejected by Tribunal vide order date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22/demand/2006 dated 27.10.09, the original authority confirmed the demand of Rs.4,99,118/- along with interest and imposed penalty of Rs.5000/- under Rule 27 of the Central Excise Rules, 2002. 2. The party filed an appeal against the order of the original authority confirming the demand and imposing penalty which was disposed of by the Commissioner (Appeals) vide order in appeal No. 25/CE/ALLD/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ands merged with the earlier order of the Commissioner (Appeals) dated 31.1.07. 4. I find that the order of the original authority demanding duty along with interest and imposing penalty of Rs.5,000/- stands totally set aside by the Commissioner (Appeals) and appeal against the said order to the Tribunal by the department also stands rejected. Under these circumstances, the question of entertain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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