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2009 (8) TMI 916 - CESTAT AHMEDABADExtract: .......able to make out a case against the appellant and consequently the duty demand confirmed by the Commissioner has to be set aside on merit. Once the demand is set aside on merit, the question of imposition of penalty also does not arise. 7. Accordingly, appeals are allowed with consequential relief to the appellants. (Pronounced in Court on 12-8-09)
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