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2006 (1) TMI 651 - CESTAT, NEW DELHIExtract: .......e decided case laws on the issue and hence no malafide can be attached to their availment of credit. The penalty sought to be imposed on the appellants is unwarranted in this case. The penalty imposed on the appellant is set aside. 7. Accordingly, the appeal is allowed to the extent as indicated above. (Operative part pronounced in the Open Court.)
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