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2012 (11) TMI 910

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..... he Petitioner. Shri K.S. Ravishankar, Advocate, for the Respondent. [Order]. - The revenue has preferred this writ petition for a writ of certiorari quashing the Order No. 44/2009, dated 21-1-2009 [2009 (14) S.T.R. 626 (Tri.-Bang.)] passed in the Customs, Excise & Service Tax Appellate Tribunal [for short 'CESTAT'] as per Annexure-A. The said order is passed by the CESTAT in Appeal No. ST/166/ .....

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..... he revenue preferred this writ petition against the order and this court on 2-6-2009 admitted the writ petition and granted interim order of stay of the said order, the appeal before the appellate authority is not taken up for consideration and disposed of. 4. We have heard learned counsel for both the parties. 5. The Tribunal has the power and discretion to grant complete waiver of pr .....

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..... t the matter to the Tribunal with a direction to dispose of the appeal within four months from the date of receipt of copy of this order. Under these circumstances, we pass the following order : (a)     Writ petition is rejected. (b)     The interim order granted by this court is vacated. The entire matter is remitted back to the Tribunal for being conside .....

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