TMI Blog2008 (4) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... o quantify the outstanding demand as per the OIA - conduct of the appellant in the facts & circumstances can’t be approved – matter is adjourned & CBEC is directed to look into the circumstances in which the refund was allowed & take suitable disciplinary action against erring officials - ST/765 of 2007 - ST/53/2008 - Dated:- 10-4-2008 - Justice S.N. Jha, President and M. Veeraivan, Member (T) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. He also set aside the penalties. Against the said order-in-appeal, both the assessee/appellant and the Department have come in appeal to the Tribunal. It may be mentioned that the Department's appeals have not been listed today. 3. During the course of hearing it transpired that the appellant managed to get refund of the amount it had pre-deposited pursuant to the interim order of the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be approved. We were inclined to pass positive order on the point of pre-deposit but counsel for the appellant persuaded us to give another chance so that the needful can be done as above, and defer passing any order until the next hearing. 6. Adjourned to 12-5-2008. The appeal may be listed along with the appeals of the Department being Appeal Nos. ST/701 and 702/2007 before the Bench presid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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