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1993 (9) TMI 324 - KERALA HIGH COURTExtract: .......round of incompetency of the officer to levy the penalty, the Tribunal was justified in deleting the penalty and in ordering the refund on the merits. The common order of the Appellate Tribunal is confirmed in so far as it has held that the driver of the lorry is entitled to refund and in ordering the refund. The revisions are disposed of as above.
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