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1997 (12) TMI 292 - CEGAT, NEW DELHIExtract: .......rate to evade payment of duty. Where facts are known to both the parties the omission on the part of one cannot render it suppression. see Hon rsquo ble Apex Court judgment in the case of Pushpam Pharmaceuticals Company v. C.C.E., Bombay reported in 1995 (78) E.L.T. 401 (S.C.) . In view of this we set aside the impugned order and allow this appeal.
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