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2010 (2) TMI 602 - HC - Central ExciseAppeal preferred by the Revenue, was dismissed only on the ground of smallness of the amount - order of the Commissioner was not challenged by the Revenue before the Tribunal - Tribunal has deleted the penalty - Revenue has now brought to the notice of the Court that the Revenue has also filed appeal, which is pending before the Tribunal - It is open for the Revenue to agitate the issue before the Tribunal in the pending appeal, irrespective of the dismissal of the Tax Appeal.
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