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2004 (2) TMI 523 - AT - Central ExciseExtract: .......rit, the aspect as to whether or not the same was filed within limitation does not arise. The adjudicating authority having correctly rejected the claim as merits, the impugned order-in-appeal deserves to be set aside. 9. emsp Accordingly the revenue appeal succeeds. The same is allowed and consequentially the impugned order-in-appeal is set aside.
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