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2006 (4) TMI 306 - CESTAT, NEW DELHIExtract: ....... the short payment they would have done so. The department rsquo s allegations the penalty is imposable under Rule 96ZO is unsustainable, as the duty remains unpaid due to the error of the authorities. 3. emsp In view of the facts and circumstances as mentioned above, order in appeal is set aside and the appeal is allowed. (Pronounced in the Court)
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