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2012 (11) TMI 433 - BOMBAY HIGH COURTWhether an order of penalty could have been passed against the appellant without setting aside the finding of absence of intention – Held that:- Intention of evasion was not present in the matter - There is no effort by both these Authorities to consider the correctness of the finding or then its impact, in so far as the imposition of penalty or its quantum is concerned - order passed by the CESTAT [2011 (1) TMI 736 - CESTAT, MUMBAI] quashed and set aside - Appeal is thus partly allowed
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