2019 (11) TMI 833

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..... ham Walve and Mr. Pritish Chetterjee, for Respondent Nos.1, 3 and 4. P.C:- At the request of the parties, this Petition is being disposed of finally at the stage of admission. 2. This Petition under Article 226 of the Constitution of India, challenges the order dated 20th November, 2018 passed by the Customs, Excise and Service Tax Appellate Tribunal, (the Tribunal). The impugned order dated 20 .....

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..... ct of physician's sample distributed free by it amongst the physicians. 5. The rectification application specifically refers to the above aspects. This while urging that, the issue of physicians samples being sold and on the issue of penalty being imposed, was not considered by the Tribunal in its order dated 26th April, 2018. 6. However, the Tribunal dismissed the rectification application by t .....

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..... tion. The impugned order dated 20th November, 2018 passed by the Tribunal is, set aside. The rectification application stands restored to the file of the Tribunal to be decided as per law. We make it clear that, what is stated in this order, is only to stress the need to remand and restore the application and not to be construed as reflection on the merits of the Petitioner's case in the rectifica .....

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