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2002 (8) TMI 489 - CEGAT, KOLKATAExtract: .......ent in the facts and circumstances and the ratio cannot be applied in the instant case. As such, I find that the order of the Commissioner (Appeals) is not sustainable inasmuch as the issue already stands decided by the Tribunal in the earlier decision referred above. Accordingly, I set aside the impugned order and allow the Revenue rsquo s Appeal.
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