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2008 (9) TMI 924 - CESTAT MUMBAIExtract: .......he duty demand and interest cannot be sustained due to nonavailability of the goods, they having been disposed of during the pendency of the case. The penalty is also set aside as not sustainable. In this view of the matter, the appeal is dismissed, without expressing any view on the applicability of Section 23 (2) to the facts of the present case.
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