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2005 (4) TMI 342 - CESTAT, MUMBAIExtract: .......learly mentioned that the appeal lies to the Commissioner (Appeals). The Commissioner (Appeals) should have decided the appeal on merits. Accordingly, we set aside the impugned order and remand the matter to the Commissioner (Appeals) for decision on merits. 2. emsp Stay petition as also the appeal is disposed of in above terms. (Dictated in Court)
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