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2000 (11) TMI 173 - CEGAT, COURT NO. I, NEW DELHIExtract: .......m to determine the valuation therefore need not be considered and is required to be set aside. (c) When we find that the basis of the Commissioner working out the demand of differential duty cannot be upheld and is to be set aside, no case or cause for any penalty can be found. 6. In view of our findings, the order is set aside and appeals allowed.
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