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2009 (1) TMI 105 - HC - Central ExciseTribunal setting aside the penalty by recording findings that in a case of shortage, the weighment slips were not produced by revenue and the respondent was not permitted to cross-examine the panch witness finding that there is no evidence on record to prove that the goods were cleared without payment of duty finding that SCN is barred by limitation finding arrived at by tribunal are finding of fact impugned order of the Tribunal of deleting penalty does not warrant interference
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