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2002 (1) TMI 825 - CEGAT, MUMBAIExtract: ....... the higher Tribunal is not an order in law since it has proceeded beyond the mandate available to the learned Commissioner (Appeals). Such an order cannot be sustained and has to be set aside without going any further in the matter. 5. emsp In view of our findings, we set aside the order and allow this appeal with consequential relief, as per law.
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