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2012 (6) TMI 195 - CESTAT, KOLKATAWaiver of pre deposit of penalty as applicant has deposited the total duty involved - appeal filed by the appellant dismissed - Held that:- As the delay involved is only 28 days which is within the condonable period of 30 days, therefore, the delay is condoned - Commissioner (Appeals) has not decided the case on merit the case is remanded back without insisting any pre deposit - in favour of assessee by way of remand.
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