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2001 (2) TMI 135 - SCH - Central ExciseExtract: .......) 2000 (4) SCC 206 , the judgment under challenge cannot be sustained. It is accordingly set aside. However, we leave it open to the respondents to file the declaration in terms of the proviso to Rule 96ZO(3) of the Central Excise Rules, 1944, which, if filed, shall be dealt with in accordance with law. 6. Appeals are accordingly allowed. No costs.
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