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2000 (3) TMI 234 - CEGAT, MUMBAIExtract: ....... Commissioner was wrong in holding that the balance of convenience was with the department, given the facts before him. 5. emsp Following the Judgment of the Gujarat High Court cited above, we allow this appeal and remand the proceedings back to the Commissioner (Appeals). He shall hear the appeal on merits without insisting on pre-deposit of duty.
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