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2015 (10) TMI 708 - TRIPURA HIGH COURT

2015 (10) TMI 708 - TRIPURA HIGH COURT - 2015 (322) E.L.T. 281 (Tripura) - Validity of stay order - Held that:- In the impugned order - had raised three issues and we had expected that the Revenue in its reply will deal with the three issues which were raised in the Court. We are sorry to say that not one of the issues has been even remotely answered in the reply. Most importantly, there is no reply to the third issue raised by us that in an identical situation the same two members of the CESTAT .....

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ssue notice, returnable for 21st January, 2015. As Mr. S. Acharjee, learned Standing Counsel for the Excise Department waives service of notice on behalf of respondent, no formal notice need be issued. Basically three issues arise in this petition. According to the petitioners, the exemption granted to them in terms of the notification dated 21st January, 2004 is a conditional exemption and therefore, the proviso of the notification dated 17-10-2002 is not applicable to them because their produc .....

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old in the same breath. In the earlier petition it had claimed that the petitioner was not entitled to exemption, but now according to the Revenue, the petitioner is entitled to 100% exemption and therefore, covered by the proviso to notification of 17-10-2002. Lastly, it is submitted by Dr. Saraf, learned Senior Counsel that in an identical situation, the same two members of the CESTAT have granted stay order without any conditional deposit on 26-7-2003 in Appeal No. E/690/2011. At this stage, .....

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