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2004 (3) TMI 201 - CESTAT, NEW DELHIExtract: .......ned order where it is held that assessment was not provisional is not sustainable. As we hold that the assessment during the period in dispute are provisional, matter is remanded to the adjudicating authority for deciding afresh the refund claim of the appellant filed after finalisation of the assessment. The appeal is disposed of by way of remand.
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