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2004 (10) TMI 470 - CESTAT, MUMBAIExtract: .......Penalty would be re-determined after quantifying the amount of duty, if any. The appellant rsquo s prayer for allowing them Cenvat credit may also be considered by the original adjudicating authority while disposing the matter in the demand proceedings. 5. emsp The appeal is therefore allowed by way of remand and stay petition is also disposed off.
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