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2018 (7) TMI 1943

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..... SHRI P. K. CHOUDHARY, MEMBER (JUDICIAL) AND SHRI BIJAY KUMAR, MEMBER (TECHNICAL) Withdrawal Application for the Appellant (s) Shri S. Mukhopadhyay, Suptd. (AR) for the Respondent(s) ORDER Per Shri P. K. Choudhary: When the matter was called, none appeared on behalf of the appellant. However, an application for withdra .....

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..... ld that since there is no quantification of duty and penalty amount and the matter is remanded to the adjudicating authority, stay petition is in fructuous and therefore, the same was rejected. Copy of the Stay Order dated 02.04.2012 is annexed hereto and marked as Annexure- A . In the meanwhile, the adjudicating authority complying with remand direction by Ld. Commissioner (Appeal .....

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..... ty accordingly. In view of the above facts it is humbly submitted that the appeal filed by the Appellant before this Hon ble Tribunal has become infructuous and therefore, may be permitted to be withdrawn. 3. In view of the above submissions made by the appellant, the appeal is dismissed as withdrawn. (Dictated and pronounced in the open court.) - - TaxTMI - .....

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