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2004 (2) TMI 437 - CESTAT, MUMBAIExtract: ....... the law makers in measuring and recovering a tax cannot alter its character. In this view of the binding decision of the Larger Bench, the confirmation of duty demands and penalties under Customs Act, 1962 as arrived at by the impugned order cannot be upheld and the same is required to be set aside and appeal allowed. 3. emsp We order accordingly.
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