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2004 (11) TMI 346 - CESTAT, MUMBAIExtract: .......uch in terms of the Larger Bench decision of the Tribunal in the case of Commissioner of Central Excise, Delhi v. Machino Montell (I) Ltd., 2004 (168) E.L.T. 466 (T-LB) 2004 (62) RLT 709 (CESTAT-LB), no penalty could be legally imposed under the provisions of Section 11AC. 9. emsp In a nutshell, the appeal is allowed on merit as also on limitation.
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