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2000 (11) TMI 1050 - CEGAT, KOLKATAExtract: .......cating Authority could not and in fact did not deal with the same. As such, Commissioner (Appeals) has erred in his judgment in accepting the application of the Commissioner under Section 35E(2) ibid. We, therefore, find merit in the arguments of the learned Advocate. Accordingly, we set aside the order impugned. 6. emsp The appeal is thus allowed.
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