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2010 (2) TMI 1022 - CESTAT MUMBAIExtract: .......n happened. Hence, no penalty is leviable. 5. The learned DR has failed to controvert the above findings of the lower authorities. I also do not find any ingredients of Section 11AC for imposing the penalty on the respondent. Accordingly, I do not find any merit in the appeals same are dismissed and impugned orders are upheld. (Pronounced in court)
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