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2007 (2) TMI 663 - HC - Central ExciseExtract: .......he facts and circumstances of the present case, there is no room for sustaining penalty, even if the answer to the question raised by the Revenue is in the affirmative in their favour. We, therefore, decline to direct Tribunal to refer the aforesaid question for the decision of this case in peculiar facts of the present case. No orders as to costs.
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