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2014 (11) TMI 866 - HC - Central ExciseValidity of order passed by the CESTAT - Matter not decided on merits - Held that:- CESTAT has not at all decided the present dispute on merits. Since the CESTAT has not decided the present matter on merits, this Court is of the view to set aside the order passed by the CESTAT in [2005 (8) TMI 478 - CESTAT, CHENNAI] and to remit the matter to the file of the CESTAT. Since the matter is liable to be remitted to file of the CESTAT, the substantial questions of law raised on the side of the appellant need not be decided and altogether the present Civil Miscellaneous Appeal is liable to be allowed. - Decided in favour of assessee.
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