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2008 (1) TMI 659 - CESTAT, KOLKATAExtract: .......such additional duty paid as has been held by us in the cited decision of this Bench. Following the ratio of the cited decision, I also hold that the penalty is not imposable in such cases. Accordingly, the impugned order is set aside after waiving the requirement of pre-deposit and the appeal is allowed. (Dictated and pronounced in the open Court)
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