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2003 (4) TMI 213 - AT - Central ExciseExtract: .......ted to the Government under Section 11D as no duty has been paid on the exempted goods. We order accordingly. 11.However, in the circumstance of the case, we do not think the penalty of Rs. 5 lakhs imposed under the impugned order is justified and we set aside the same. 12.Appeal is dismissed except for setting aside the penalty as indicated above.
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