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2004 (10) TMI 508 - CESTAT, NEW DELHIExtract: .......y challenge before the higher forum by the respondents. 8. emsp In the impugned order, the Commissioner (Appeals) allowed the benefit of notification which was not an issue before the adjudicating authority as discussed above, which attained finality. In view of the earlier order-in-appeal, the impugned order is set aside and the appeal is allowed.
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