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2009 (2) TMI 382 - CESTAT, NEW DELHIPenalty- The appellant in this case has prayed for waiver of penalty submitting that tax due and interest, has been paid. In the grounds of appeal the appellant has also averred that burden of tax has been borne by the appellant. Ld. Commissioner (Appeals) has granted partial relief to the appellant in first appeal. Held that- the appellant has prayed for leniency submitting that the tax has been paid. Accordingly we allow the appeal waiving the penalty subject to verification of payment of tax.
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