TMI Blog2014 (1) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... that the final orders of the coordinate bench in the case of Ritesh Enterprise [2009 (10) TMI 182 - CESTAT, BANGALORE], Divya Enterprise [2009 (12) TMI 155 - CESTAT, BANGALORE] and K. Damodar Reddy (2009 (9) TMI 386 - CESTAT, BANGALORE), decided the issue in favour of the appellant therein. We find that the appellant has made out a prima facie case on merits and hence we allow the application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel submits that the appellant has been awarded contract by the dairy and all the contracts are lump-sum contracts based upon the quantum of work which has been awarded to the appellant and not for the supply of man power per se. He draws our attention to the fact that adjudicating authority has recorded the same in his order and dropped the proceedings. It is his submission that the firs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indings of the lower authority. 5. On careful consideration of the submission, we find that there is no dispute as to the fact that appellant has been awarded contract by the Dairy for a specific job which is evident from the contract which is attached to the appeal memorandum. If that be the case, we find that the final orders of the coordinate bench in the case of Ritesh Enterprise, Divya Ente ..... X X X X Extracts X X X X X X X X Extracts X X X X
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