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2004 (10) TMI 489 - AT - Central ExciseExtract: .......ed building on assembling the same. In view of this, we do not find any infirmity in the impugned order and uphold the demand of duty. However, we agree with the learned Advocate that no penalty is imposable as the issue involved is of classification. We, therefore, set aside the penalty imposed on the appellants. The Appeal is thus partly allowed.
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