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2005 (11) TMI 79 - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPURExtract: .......sequent recovery of penalty under Rule 173Q cannot be sustained, for the reasons stated in the impugned notices and orders. 16.As a result, the appeal is allowed. The order of learned Customs, Excise and Service Tax Appellate Tribunal as well as of the Commissioner and the assessing authority are set aside and the show cause notices are discharged.
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