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2009 (1) TMI 638 - CESTAT, NEW DELHIExtract: .......the respondent before him the Authority is not be entitled to exercise the power conferred under first proviso to Section 35B of Central Excise Act, 1944. 5. emsp With the above observation, appeal is remitted back to the ld. appellate authority to do justice to the appellant following due process of justice. (Dictated and pronounced in open Court)
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