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2001 (9) TMI 176 - AT - CustomsExtract: .......penalty under the Customs Act is not maintainable, set aside the order confirming this notice and allow this appeal. We however make it clear that the department is at liberty to proceed to recover excise duty, if any, payable on the goods and initiate acts for contravention of the Central Excise Act and the rules thereunder in accordance with law.
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