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Issues: Whether the demand, interest and penalty confirmed on the allegation of availing Cenvat credit on fake invoices should be set aside and the matter remanded for fresh adjudication.
Analysis: The dispute was treated as identical to earlier cases in which the Tribunal had allowed the appeals by remand for fresh consideration. The adjudicating authority's order was therefore not sustained on merits at this stage, and fresh examination was directed with observance of the principles of natural justice.
Conclusion: The impugned order was set aside and the appeal was allowed by way of remand for reconsideration afresh.