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2009 (10) TMI 573 - AT - Central ExciseDemand and penalty - whether the cast articles were subjected to machining or not during the relevant period - no other material on record to establish - no investigation done in this regard by the Department - findings arrived at by the Commissioner to justify the denial of benefit to the appellants under Notification No. 223/88 in relation to the product in question for the relevant period cannot be sustained and liable to be set aside - demand for duty cannot be sustained - penalty does not arise
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