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2009 (9) TMI 847 - AT - Central ExciseExtract: ....... duty liability cannot be established, question of imposition of penalty does not arise. 16. For the reasons stated above, therefore, we do not find it necessary to refer to the decisions sought to be relied upon on behalf of the appellants. 17. In the result, therefore, the appeals succeed the impugned order is set aside with consequential relief.
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