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1998 (10) TMI 254 - AT - Central ExciseExtract: .......authority has done is to deny the first benefit where the machinery to avoid double benefit requires stoppage of the second benefit. 7. emsp The impugned order does not survive. Both lower orders are set aside. The Assistant Commissioner is directed to consider the claim on merits after hearing the assessee. 8. emsp Appeal allowed by way of remand.
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