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2009 (12) TMI 940 - CESTAT, MUMBAIExtract: .......not availed in the first financial year. The present appeal of the department is silent on the two crucial decisions of the Tribunal, which were relied on by the lower appellate authority. In the memo of appeal, there is mention of a few other decisions of this Tribunal, but there is no elaboration. 3. The appeal is dismissed. (Pronounced in Court)
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