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2008 (7) TMI 651 - AT - Central ExciseExtract: .......n of the learned Advocate that in the given facts and circumstances of the case no penalty is imposable is acceptable. Therefore, we confirm the duty demand as not contested. However, we set aside the penalty of Rs. 25,000/- imposed on the appellant. 5. emsp The appeal is disposed of on the above terms. (Operative part pronounced in the open Court)
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