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2010 (10) TMI 129 - CESTAT, NEW DELHIpenalty – waiver of pre-deposit - show cause notice does not disclose any contumacious conduct of the appellant - adjudication order also does not disclose the reason why penalty should be imposed and whether the elements of penal consequence of law are present - adjudication order does not disclose any mala fide of Assessee no penalty shall be exigible in view of the provision contained in Section 80 of the Finance Act, 1994 - cases of the Revenue are dismissed.
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