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2009 (5) TMI 757 - CESTAT, AHMEDABADExtract: .......the Commissioner (Appeals) comes to the conclusion that there was no mis-statement or suppression etc. with intent to evade payment of duty, the question of imposition of penalty does not arise. In view of the clear legal provisions, the penalty imposed on the appellants is set aside and the appeal is allowed. (Dictated and Pronounced in the Court)
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