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2008 (2) TMI 166 - CESTAT, MUMBAITwice payment of duty - respondents submitted a file before the Commissioner (Appeals) containing the submissions / Chartered Accountant’s Report / costing etc to show that the double duty incidence has not been passed on to the buyers - Revenue has not produced any evidence to prove incidence of duty has been passed – moreover, goods not in existence during relevant time so question of passing of duty doesn’t arise – revenue appeal dismissed
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