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2009 (6) TMI 843 - CESTAT, NEW DELHIExtract: .......n view of the above discussion, we set aside the impugned order. As the order was passed by the Commissioner (Appeals) without going into the merits of the case, we remand the matter to the Commissioner (Appeals) to decide on merit without insisting on any pre-deposit. 7. emsp The appeal is allowed by way of remand. Stay application is disposed of.
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