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2009 (1) TMI 614 - AT - Central ExciseExtract: .......contravention of Section 11D. Hence, there is no alternative but to accept the contention of the appellants that the penalty in this case is not imposable and hence I set aside the penalty amount and allow the appeal. The appellants shall be entitled to get refund of the pre-deposit of the penalty amount. (Dictated and pronounced in the open court)
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