Full Judgment Text
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CASE NO.:
Transfer Case (civil) 36 of 2004
PETITIONER:
NEW TOBACCO COMPANY LTD
RESPONDENT:
U.O.I. & ORS
DATE OF JUDGMENT: 25/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
I.A.NO.1 AND 2
IN
TRANSFER CASE (CIVIL) NO.36 OF 2004
Heard learned counsel for the parties.
These I.As have been filed for clarification/modification of the order dt.19.09.2005
.
It has been brought to our notice that show-cause notice was issued to the petitione
r and the
response to the same has been filed. It has also been brought to our notice that against the
final
adjudication, an appeal has been filed and the same is now pending before the appellate auth
ority.
Since response to the show-cause notice has already been filed by the petitioner, the assess
ment has
already been made and the appeal is pending against the assessment order, these I.As have
practically become infructuous and are disposed of as such.
However, we make it clear that the appeal which is being filed against the assessmen
t order
shall be decided by the appellate authority on merits and in accordance with law.