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2007 (2) TMI 541 - CESTAT, KOLKATAExtract: .......h a delay is explained, he may exercise his discretionary power under Rule 128 of the Customs Act, 1962 and hear the matter on merit. Accordingly, the appeal is allowed only on the above limited issue. Since the appeal is remitted back to the ld. Commissioner, stay petition becomes infructuous. (Dictated and pronounced in the open Court on 22-2-07)
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