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2011 (3) TMI 1529 - HC - Central ExciseExtract: ....... as to whether proviso to Section 11AC of the Act is applicable to the instant case or not has not been determined by the Commissioner (Appeals). In these circumstances, we remit the case back to the Commissioner (Appeals) to decide this aspect of the matter after hearing both the parties. 10. This appeal is disposed of in the aforesaid terms.
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