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2003 (6) TMI 45 - CESTAT, MUMBAIExtract: .......he was a manufacturer could not rightly have impelled the department to come to the conclusion that he was the manufacturer. If at all duty was payable on the goods, they should have been demanded from Vijay Ambre and Co. 5. Penalty then would also not be imposable on any one. 6. The appeals are accordingly allowed and the impugned order set aside.
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