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2001 (8) TMI 155 - AT - Central ExciseExtract: .......ave extracted the above finding of the Commissioner (Appeals) where he has absolved the assessee on any mala fide. In that circumstances there is no case for him to sustain the penalty imposed under Rule 173Q. His order is set aside. 9.The assessee s appeal is allowed and the Revenue s appeal dismissed. The cross-objection also stands disposed off.
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