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2007 (4) TMI 497 - CESTAT, CHENNAIExtract: .......y penalty, fine or interest , the appellate authority shall decide the appeal irrespective of such declaration. rdquo It was the above proviso which was struck down as ultra vires Article 14 of the Constitution of India. Consequently, the present appeal of the Revenue cannot continue. The appeal is dismissed. (Dictated and pronounced in open Court)
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