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2004 (1) TMI 207 - CESTAT, MUMBAIExtract: .......hority imposed penalty both on the firm and the proprietor. The Commissioner (Appeals) s order insofar as it sets aside the penalty has to be upheld. But it is not for me to decide which penalty has to be upheld in the absence of any representation from the respondents. 13.The appeal is allowed. The order of the Commissioner (Appeals) is set aside.
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