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2005 (2) TMI 600 - CESTAT, NEW DELHIExtract: .......cts in those cases were, not the same as in the present case. Therefore, the impugned order of the Commissioner (Appeals) setting aside, the penalty on the appellants, cannot be sustained and is set aside. The order-in-original of the adjudicating authority is restored in respect of penalty. The appeal of the Revenue accordingly stands disposed of.
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