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2019 (3) TMI 940

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..... the Rule 26/Rule209A will amount to review of our order which is not permissible in law. ROM allowed in part. - Application No. ROM/10015-10021/2019, Appeal No. E/512-516/2008-DB, E/538-539/2008 - M/10103-10109/2019 - Dated:- 21-2-2019 - MR. RAMESH NAIR, MEMBER (JUDICIAL) And MR. RAJU, MEMBER (TECHNICAL) For Appellant: Mr. Raj Vyas (Advocate) For Respondent: Mr. K.J. Kinariwala ( .....

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..... , the penalty under Rule 26 of Central Excise Rules, 2002 and Rule, 209A of Central Excise Rules, 1944 was not imposable. As the said provisions was brought under Rule 26 by inserting sub Rule 2 w.e.f 01.04.2007. He prays rectification of the order. 2. In view of his above submissions, Shri. K.J.Kinariwala, Ld. Assistant Commissioner (AR) except the mention of non filing of appeal by M/s. PPL s .....

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..... ree yarn was confirmed against M/s. PPL, 100% EOU who has filed an appeal before this Tribunal which was dismissed for non compliance of pre-deposit by Final Order No. A/1817-1824/WZB/AHD/2009 dated 06.08.2009. 5. In view of above corrected sentence mistake pointed out by Ld. Counsel Stand rectified. As regard, the second error pointed out by the Ld. Counsel that since the appellant have not d .....

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