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2004 (8) TMI 697 - CESTAT MUMBAI
Extract:
.......and in Shaw Wallace Co. v. CCE . Therefore, when the notices ab initio are not valid, the credits are found to be eligible and special reasons exist to absolve the appellants from penal consequences. Penalty imposed are no sustained and are set aside. 4. Consequently the order is required to be set aside and appeals allowed. 5. Ordered accordingly.