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2009 (1) TMI 3 - SCH - Central ExciseQuantification of penalty - application is rejected for the simple reason that in this Appeal, we are concerned with the quantum of penalty and not with the levy of penalty. Tribunal’s decision that rejected the contention of the assessee that penalty is not leviable, has not been challenged by assessee - our order allowing this Civil Appeal will not come in the way of the assessee challenging the order of the Tribunal on the question of imposition of penalty – no opinion on merits of that case
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