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1999 (8) TMI 918 - AT - Central ExciseExtract: .......f assessment being provisional is a question of fact and should not be allowed at this stage. We agree with the submission of the learned Advocate that this is a question of fact and this was not in the show cause notice nor there is a finding to this effect in the impugned order. We do not allow the learned D.R. to take up this plea at this stage.
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