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2010 (10) TMI 438 - CESTAT, BANGALOREDemand - Revision - Penalty - since both the authorities below having not exercised their powers in relation to the aspect of penalty, both the orders cannot be sustained and are liable to be set aside and the matter be remanded to the original authority to deal with the matter separately in accordance with the provisions of law and after hearing the parties - the issue in relation to the penalty aspect is kept open for appropriate decision in this regard by the adjudicating authority - Decided in the favour of the assessee by way of remand
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