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2002 (3) TMI 63 - HC - Central ExciseExtract: .......ot be the ground covered by the proviso. 5. Keeping in view the aforementioned pronouncement of the Apex Court, we are of the opinion that the impugned show cause notices cannot be sustained. These writ petitions are allowed. The show cause notices dated 15th July, 1977 whereby the penalty sought to be initiated against the petitioners, is quashed.
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