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2011 (3) TMI 817 - CESTAT, DELHIWaive of pre-deposit - The contention of the applicant is that they received the notice of hearing on 13.8.09 which is in respect of appeal filed by the Revenue against OIO No.R-12/RC/AC/09 dt.04.02.09 and the applicant appeared in pursuance of this notice before the Commissioner (Appeals) - find that the Revenue is admitting the fact that the notice had been issued in respect of appeal relating to adjudication order dt.4.2.09 whereas the impugned is passed in respect of adjudication order dt.13.1.09 -Thus, the matter requires to be reconsidered by the Commissioner (Appeals) in respect of appeal filed against the OIO No. R-576/RC/AC/09 dt.13.01.09 - The impugned order in respect of this adjudication order is set aside after waiving pre-deposit amount and the matter is remanded to the Commissioner (Appeals) to decide the appeal afresh.
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