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2002 (3) TMI 193 - CEGAT, MUMBAIExtract: .......se of the existence of the exemption notification, there has been no evasion of duty. That being the case, there is no basis for the penalty or confiscation of the goods on this ground. Since the Commissioner does not offer any ground for confiscation, his order adjudging this, will have to be set aside. 2. Appeal allowed. Impugned order set aside.
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