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2002 (4) TMI 775 - CEGAT, BANGALOREExtract: .......osition of penalty depends on the facts and circumstances of each case. In the facts and circumstances of this case and following ratio of decisions referred to above by the Counsel, I am of the view that there is no justification for imposing penalty in the instant case. Accordingly I set aside the penalty and in the result, the appeal is allowed.
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