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2006 (5) TMI 216 - CESTAT, MUMBAIExtract: .......ing the leviability of the duty and not only on quantum of duty. As Asstt. Commissioner has held that no duty is leviable, the appellant s claim for refund on the basis of this order cannot be denied. 6. emsp In view of this I find no infirmity in the order of the Commissioner (Appeal) and reject the department rsquo s appeal. (Pronounced in Court)
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