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2004 (2) TMI 169 - AT - Central ExciseExtract: ....... could be awarded to the respondents or not, has not been considered by the Commissioner (Appeals). That being so, the impugned order passed by the Commissioner (Appeals) cannot be sustained. The matter is sent back to the Commissioner (Appeals) for fresh decision after hearing the respondents. The appeal of the Revenue is allowed by way of remand.
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