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2008 (9) TMI 48 - CESTAT NEW DELHIAppellant, PSU- Commissioner has not considered the preliminary objection and also without awaiting for the reply from appelant, decided the issue confirming the huge demand - In the interest of justice, we deem it proper to set aside the order of the Commissioner and remand the matter for fresh consideration - but failure to follow procedure by revenue as prescribed under circular No. 20/20/94-CX cannot held to be vitiate the SCN which has already been issued as provided for in the statute
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