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2005 (11) TMI 132 - CESTAT, KOLKATAExtract: .......tenable. In view of this the appeal filed by the Revenue is rejected. The second appeal is based on the similar facts where the Commissioner (Appeals,) held that same issue has been decided in the favour of the Respondent by its order referred to above. I dispose off both the appeals filed by the Revenue as rejected. (Order dictated in open Court.)
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