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2009 (3) TMI 759 - CESTAT, KOLKATAExtract: ....... the dealer, but no verification was conducted. In the circumstances and in the absence of any evidence regarding the capacity of the appellants to manufacture the goods in question, we waive the requirement of pre-deposit of duty and penalty and set aside the impugned order. Both the appeals are allowed. (Dictated and pronounced in the open Court)
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