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2001 (5) TMI 520 - AT - Central ExciseExtract: .......3/87 applies to the facts of the present case and the Commissioner has to decide the case on merits. We are not recording any finding on merits. The aspect pertaining to time bar shall also be re-considered by him after granting opportunity of hearing to the appellants in terms of law. Thus the appeal is allowed by remand for de novo consideration.
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