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2012 (8) TMI 723 - CESTAT, KOLKATAApplication for waiver of pre-deposit of penalty - Held that:- As Commissioner (Appeals) dismissed appeal for non-compliance with the provisions of section 35F for not making pre-deposit of penalty ignoring that assessee already paid total interest of involved in this case - as Commissioner (Appeals) has not decided the issue on merits Appeal allowed by way of remand.
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