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2003 (2) TMI 77 - SC - Central ExciseExtract: .......would become academic. As the assessee s appeal is pending before the Tribunal, we do not wish to express any opinion. This question of law is left open. We clarify that the pending appeal shall be decided on its merits. Parties will be at liberty to urge all contentions available to them in law. We dispose of this appeal with the above directions.
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