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2004 (7) TMI 555 - CESTAT, NEW DELHIExtract: .......fund claimed passed by the Asstt. Commissioner was not legal nothing prevented the Appellants to go in appeal against the same. We, therefore, uphold the demand of duty. However, we agree with the learned Advocate that this is not a case warranting imposition of any penalty in view of the special circumstances. We, therefore, set aside the penalty.
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