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2003 (7) TMI 144 - AT - Central ExciseExtract: ....... this aspect. The question arises why the assessee found it necessary to file claim for refund. It is thus claimed for refund that is under consideration by us. 9. Accordingly, the department s appeal is allowed and the order of the Commissioner (Appeals) set aside and the adjudicating authority s appeal allowed. The assessee s appeal is dismissed.
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