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2003 (11) TMI 598 - AT - Central ExciseExtract: .......flicting judgment ofany other High Court. 5. It will therefore follow that the penalty was unsustainable.The foundation for the penalty having been set aside by the HighCourt/ the penalty could not be sustained. 6. The appeals are accordingly allowed. Liberty to the departmentto proceed against the appellant, in terms of the High Court's order.
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