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2009 (8) TMI 997 - Commissioner - Central ExciseExtract: .......penalty. Regarding the penalty upon the appellant no. 2, I find that the circumstances of the case do not warrant maintaining the penalty. I therefore hold that the penalty on appellant no. 2 is not proper and liable to be set aside. 16. emsp The impugned order is set aside and the appeal is allowed in above terms with consequential relief, if any.
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