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2004 (8) TMI 578 - AT - Central ExciseExtract: .......circumstances the demand is clearly time barred. Since the demand itself is not sustainable, penalties imposed including on the second appellant, are not warranted or sustainable. 8. emsp In the view we have taken above, the appeals succeed and are allowed, after setting aside the impugned order, with consequential relief, if any, to the appellant.
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