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2006 (2) TMI 398 - CESTAT, NEW DELHIExtract: .......are required to be considered afresh by the Commissioner. There is also no justification for imposing penalty when, prima facie, abatement was available to the assessee. Accordingly, penalty imposed is set aside. The case is remanded to the Commissioner for fresh consideration of the claims for abatement. (Dictated and pronounced in the open Court)
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