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1985 (9) TMI 167 - CEGAT, NEW DELHIExtract: .......wing the same. Accordingly we hold that there is no bar for taking this plea before this Tribunal for the first time. In view of the above observations, we set aside the order passed by the Central Board of Excise and Customs and restore the order passed by the Assistant Collector of Central Excise, IDO, Salem. In the result, the appeal is allowed.
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