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2007 (9) TMI 278 - HC - Central ExciseExtract: .......2004 has not been considered. 11. Accordingly, the petition is allowed by setting aside the impugned order dated 22-9-2006. The matter is remanded back to the CESTAT for decision on merits and in accordance with law. All contentions of both parties are kept open. 12. Petition is disposed of accordingly, however, there shall be no order as to costs.
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