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TAXAP/1855/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1855 of 2009
=========================================
COMMISSIONER
OF CENTRAL EXCISE - Appellant(s)
Versus
KUTIR
ISPAT UDYOG - Opponent(s)
=========================================
Appearance
:
MR YN
RAVANI for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MS. JUSTICE H.N.DEVANI
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 27/08/2010
ORAL
ORDER
(Per :
HONOURABLE MS. JUSTICE H.N.DEVANI)
1. Heard
Mr. Y.N. Ravani, learned Standing Counsel for the appellant.
2. In
the light of the following facts:
the
subject matter of challenge before the Tribunal was the order dated
19th November, 2008 made by the Commissioner (Appeals)
dismissing the appeal preferred by the respondent on the ground of
non-compliance with the order dated 29th August, 2008
directing the respondent to deposit 50% of the amount of dues;
the
order dated 29th August, 2008 was not subject matter of
challenge before the Tribunal and
while
remanding the matter to Commissioner (Appeals) for decision on
merits without insisting for any pre-deposit, the Tribunal has
expressed an opinion on the merits of the case
notice
for final disposal returnable on 23rd September, 2010.
(
Harsha Devani, J. )
(
Smt. Abhilasha Kumari, J. )
hki
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