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2008 (1) TMI 226 - CESTAT, BANGALORECommissioner (Appeals) by the impugned order has remanded the matter for de novo consideration which is resisted by the assessee on the ground that the points for de novo consideration were not part of SCN - Commissioner has not given any finding on time bar for the reason that in the show cause notice, there is no invocation of larger period - Therefore the stay application is allowed by granting waiver of pre-deposit of the amount and staying its recovery
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