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2002 (7) TMI 666 - AT - Central ExciseExtract: .......od was not invocable to the demand of duty the penalty cannot be imposed as was held by the Apex Court in the case of C.C.E. v. M/s H.M.M. Ltd. (supra). 14. emsp The two appeals are disposed of in the above terms by upholding the impugned order in regard to dropping the demand and setting aside the impugned order in regard to imposition of penalty.
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