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2004 (3) TMI 497 - CESTAT, CHENNAIExtract: .......ssioner, Chennai and that of the Commissioner (Appeals), Bombay in their own case on the same product, holding that the item in question is not excisable. 2. emsp We heard both sides. In view of the above prima facie case has been made out, we, therefore, dispense with the pre-deposit of duty amount and penalty and stay its recovery pending appeal.
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