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2009 (3) TMI 826 - CESTAT, BANGALOREExtract: .......to be set aside and we do so. Since the learned Commissioner (Appeals) has not decided the issue on merits, we remand the matter back to the Commissioner (Appeals) to consider the issue on merits and dispose the appeal after granting an opportunity of hearing the appellant. Appeal is allowed by way of remand. (Pronounced and dictated in open Court)
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