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2009 (1) TMI 105 - GUJARAT HIGH COURTTribunal setting aside the penalty by recording findings that in a case of shortage, the weighment slips were not produced by revenue and the respondent was not permitted to cross-examine the panch witness – finding that there is no evidence on record to prove that the goods were cleared without payment of duty – finding that SCN is barred by limitation – finding arrived at by tribunal are finding of fact – impugned order of the Tribunal of deleting penalty does not warrant interference
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