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1998 (5) TMI 240 - CEGAT, MUMBAIExtract: .......ities has not at all dealt with this aspect of the case. In such a situation the department is precluded from raising this ground before the Tribunal challenging the order of the Commissioner (Appeals) who did not have occasion to go into this aspect when he passed the impugned order. Therefore we find no substance in the appeal and it is rejected.
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