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2004 (11) TMI 251 - AT - Central ExciseExtract: .......omitted and has not been saved by Section 38A of the Central Excise Act, 1944 has proved fatal to the cause of the Revenue. In the facts and circumstances of the case, we are not able to uphold the OIO. Hence we allow the appeal with consequential relief. (Operative portion of the order already pronounced in open Court on conclusion of the hearing)
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