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2004 (5) TMI 340 - CESTAT, BANGALOREExtract: .......E.L.T. 52 (S.C.) , mandatory penalty equivalent to the duty cannot be imposed. The Commissioner shall take up the appeals on this point also and decide the case expeditiously within a period of three months. The appellants should be given full opportunity to contest the matter and make their submissions. Thus the appeal is allowed by way of remand.
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