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2005 (10) TMI 94 - SC - Central ExciseDepartmental clarification - Held that:- this case will be covered by judgment in [2005 (2) TMI 138 - SUPREME COURT OF INDIA]. However, on the limited aspect as to whether or not the circular of the Board can prevail, we also tag this matter along with those cases which are pending before the Constitution Bench. If ultimately it is held by the Constitution Bench that judgments of this Court would prevail then this appeal would stand dismissed. If however the Constitution Bench takes a contrary view, then of course the reverse will follow. In either case there will be order as to costs.
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