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TMI Blog2013 (10) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Sandeep Sharma, Assistant Solicitor General of India. ORDER A. M. Khanwilkar, Chief Justice (Oral):- Heard counsel for the parties. Rule. 2. Rule made returnable forthwith by consent. Counsel for the respondent waives notice. Taken up for final disposal by consent. 3. This petition takes exception to the order, dated 25.2.2013, passed by Customs, Excise & Service Tax Appellate Tribunal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of the same controversy, which has been already decided finally in terms of decision dated 6.11.2012 in ST/Appeal No.198/2011. Moreover, the dealers similarly placed as that of the petitioner were shown indulgence by the same Tribunal, as is evident from the orders passed in their case, dated 19th February, 2013 and 21st February, 2013, at pages 121 and 122, respectively. The order dated 19th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose of the appeal. 2. In the result both stay application and appeal are disposed remanding the matter to ld. Commissioner (Appeals)." 5. In the present case, the issue raised by the petitioner may be overlapping with the issues raised by Rohit Industries and M/s Kathuria Electronics, which is relying on the main judgment in the case of Rama Infotech versus CCE, Lucknow. We fail to understand as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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