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2004 (6) TMI 153 - AT - Central ExciseExtract: .......er to file an appeal against the order passed by the Commissioner is valid. Hence, I set aside the impugned order in appeal and remand the matter to the Commissioner (Appeals) for decision on merits. He shall grant an adequate opportunity of hearing to the respondents before passing a fresh order. 9. Department s appeal is allowed by way of remand.
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