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2008 (9) TMI 815 - CESTAT, KOLKATAExtract: .......o s Order dated 15-9-05 was not modified and that it was legally valid. Hence, we find the impugned order passed by the Adjudicating Commissioner is not legal and proper as it has been passed on an erroneous basis. Hence, waiving the requirement of pre deposit, we set aside the order and allow the appeal. (Dictated and pronounced in the open Court)
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