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1997 (1) TMI 368 - SCH - Central ExciseExtract: .......74) E.L.T. 782 (S.C.) 1995 (1) SCC 274 wherein such a plea of the assessee was rejected. This appeal has, therefore, to be allowed. 5. emsp Consequently, the appeal is allowed. The impugned judgment of the Division Bench of the High Court is set aside resulting in restoration of judgment of the Single Bench by which the writ petition was dismissed.
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