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2003 (6) TMI 106 - CESTAT, MUMBAIExtract: .......ature. The correct course would have been to finalise the provisional assessment and if there was any short-levy, if required, issue a notice under Section 28 thereafter in the event that the department was of the view that there was short-levy or non-levy or erroneous refund. 7. The appeals are accordingly allowed and the impugned order set aside.
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