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1994 (9) TMI 84 - HC - Central ExciseExtract: .......ue. It is for the authority to decide in case whether it is or it is not prejudicial to the revenue, to treat such issues if it goes to the root of the matter as a preliminary issue. 7.In view of the aforesaid, we decline to exercise our discretion under Article 226 of the Constitution. 8.With the aforesaid observations, this petition is dismissed.
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