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2012 (7) TMI 1012 - GUJARAT HIGH COURTExtract: .......onsidered to be an order passed in appeal by the Commissioner which could be challenged before the Tribunal. The question of law framed by this Court is answered in the affirmative against department and in favour of the assessee. Therefore, this appeal is devoid of any merits and it is accordingly dismissed. The parties shall bear their own costs.
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